BANDANA JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties. The prayer of the petitioner in this appli-cation is to quash the order dated 12-7-1999, taking cognizance for the offence un-der Sections 413 and 414 of the Indian Penal code in connection Baragora (Barsol)P. S. Case No. 13 of 1998.

(2.) FIRST Information Report was registered being Baragora (Barsol) P. S. Case No. 13 of 1998 at the instance of Mahesh Prasad ranjan, Sub Inspector of Baragora (Barsol)P. S. It was alleged in the said first information that on 25-3-1998 at about 11 a. m. he got confidential information that one godown was being run by one Shivji Singh at Darisol for keeping petroleum products for the purpose of black marketing. On receipt of this information, he along with Block Supply officer and one Magistrate with police force reached the godown of Shivji Singh, where he found two tankers bearing registration no. WMK 8332 filled with petrol and petrol was being removed through a pipe and being filled in a drum and another tanker bearing registration No. WB 33/3266 was found standing with bitumen. Apart from these tankers the informant also found Rajdoot motorcycle attached with a carrier loaded with one jar and several drums were found in the godown. The police arrested the persons found in the godown and asked about the relevant documents from them but nobody could produce any document nor they could give any satisfactory explanation. In presence of two independent witnesses and block Supply Officer and on inspection several petroleum products were found. It is alleged that for the goods recovered from the godown, the persons could not produce any license and the police believed that the seized goods were brought by committing theft and for the purpose of black-marketing, which is punishable under Sections 413 and 414 of the Indian Penal Code read with section 7 of the Essential Commodities Act.

(3.) AFTER completion of investigation, the police submitted charge sheet under Sections 413 and 414 of the Indian Penal Code against the accused persons including the petitioner, on the basis of which the cognizance was taken on 12-7-1999 as aforesaid.