BADRI PRASAD SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rajeeva Sharma, learned senior counsel appearing for the petitioner and Mr. Bhola Nath Ojha, learned counsel for the State.

(2.) This petition has been filed for quashing the entire criminal proceedings including the order taking cognizance dtd. 7/2/2011 in T.R. No.1691/2011 arising out of Poraiyahat (Deodanr) P.S. Case No.205/2010 (G.R. Case No.1126/2010) under Sec. 7 of the Essential Commodities Act, pending in the Court of the learned S.D.J.M., Godda.

(3.) The FIR was registered alleging therein that on 17/9/2010 the informant Krishna Mohan Prasad, who is I/c Block Supply Officer, Poraiyahat got secret information that the petitioner, who is a dealer of fair price shop, Kairasole Panchayat under Poraiyahat Block is involved in black marketing of rice, sugar and kerosene oil of fair price shop. The informant along with the District Supply Officer, Godda reached the house of the petitioner at about 03:00 P.M. They searched the petitioner but he was not available there. Thereafter, they searched the shop of the petitioner in presence of the co-villagers, namely Uttam Kumar Roof, Asim Kumar Banerjee and Bijay Deo and found rice, sugar and kerosene oil of blue colour kept in that shop. During search the informant demanded papers regarding storage of rice, sugar and kerosene oil of blue colour from the family members of the petitioner, but they could not give any paper. Thereafter, the informant prepared seizure list and the seized articles were handed over to one Bishnu Kumar Agarwal on Jimmanama who is also a fair price shop dealer. None of the family members of the petitioner appeared before the informant to receive the copy of the seizure list. Hence a copy of seizure list was pasted on the wall of the petitioner's house.