SHYAM SUNDER AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Shankar Lal Agarwal, learned counsel appearing on behalf of the petitioner and the learned counsel for the State.

(2.) In this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with Sadar P.S. Case No. 58 of 2002 corresponding to G.R. No. 263 of 2002 including the order dated 10.02.2003 passed by the learned Chief Judicial Magistrate, Chaibasa, whereby and where under cognizance for the offences punishable u/s 406, 409, 420, 411 and 120B of the Indian Penal Code as also Sec. 7/8 of the Essential Commodities Act (E.C. Act) has been taken.

(3.) The prosecution story arises out of a First Information Report (F.I.R.) instituted by the Block Supply Inspector Incharge, Sadar, Chaibasa is that on receiving a confidential information that two 407 trucks bearing registration No. BR18A-1786 and BR18A-7788 were coming to Chaibasa loaded with wheat/ rice for the purpose of black marketing, one truck was apprehended which was found loaded with wheat. It has further been stated that the truck bearing registration No. BR18A-7788 loaded with wheat was also intercepted. The driver disclosed that wheat was loaded from Jhinkpani and was to be unloaded in the house of the petitioner. On verification of the godown of the petitioner it was alleged that wheat was found in the bags having the marks of Food Corporation of India (F.C.I.) on them.