BIJAY ENTERPRISES Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) THE petitioners have prayed for quashing the seizure of the truck bearing registration No. ORC - 708 and 667 Jars of Vanaspati loaded in it in connection with Koderma P.S. Case No. 426/03 under Section 7 of the Essential Commodities Act read with Sections 420, 467, 468, 469 of the Indian Penal Code.

(3.) LEARNED counsel for the petitioners has submitted that FIR was lodged on 5.12.2003 at 16.30 hours on the information of CTO Sangita Lal but the seizure of the truck loaded with Dalda was made by ASI Telaiya PS Camp, Ranchi Patna road on 5.12.2003 at 13.30 hours (which has been over written to show which seems to be 15.30 hours also). Learned counsel for the petitioner has referred Section 31(2)(a) of the Bihar Finance Act, 1981 and also Section 9 of the said Act, which provides :