SITARAM PRASAD KESHRI Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) In this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with Barhi P.S. Case No. 211 of 2000 corresponding to G.R. No. 2142 of 2000 (T.R. No. 273 of 2003) including the order dated 10.06.2003 passed by the learned Chief Judicial Magistrate, Hazaribagh, in which the substance of accusation for violation of the provisions of the Bihar Trade Articles (Licences Unification) Order, 1984, punishable u/s 7 of the Essential Commodities Act (E.C. Act.) has been explained.

(3.) The prosecution story, which is on the basis of a First Information Report (F.I.R.) instituted by the Block Supply Officer, Barhi is to the effect that on 23.9.2000, the informant along with Sub Divisional Officer and police force conducted a raid on the godown of the petitioner. It was alleged that the petitioner and his son had been granted retail licence to deal in food grain edible oils and free sale sugar, but the godown in which the articles were found was not mentioned in the licence nor indicated at the time of granting of licence. It has been alleged that from the godown several articles were recovered and it was said that the petitioner had stored food stuffs, edible oil unauthorizedly in the godown in violation of Bihar Trade Articles (Licences Unification) Order, 1984 which is punishable u/s 7 of the E.C. Act.