SURESH KUMAR AGARWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this application, petitioner has prayed for quashing the * order dated 9.2.1999 passed by the Special Judge, E.C. Act, Jamshedpur, whereby cognizance for the offence under Sec. 7 of the E.C. Act read with Sections 120-B and 34 of the Indian Penal Code was taken against the petitioner in G.R. Case No. 1640 of 1998 arising out of Jugsalai P.S. Case No. 169 of 1998. The main ground in support of the prayer of the quashing of the impugned order is that the learned Court below has not applied its judicial mind to the allegation, as appearing in the F.I.R., nor to the fact that even on the basis of the entire statement as contained in the First Information Report, no offence whatsoever either under Sec. 7 of the E.C. Act or under Sec. 120-B/34 of the Indian Penal Code is made out and, therefore, continuance of the proceeding against the petitioner pursuant to the impugned order would be an abuse of the process of the Court and would perpetrate injustice upon the petitioner.

(2.) Background of the facts of the case is that a First Information Report was lodged by the informant Phanindra Prasad Sinha, Marketing Officer, Jamshedpur on the allegation that on 28.8.1998 at about 2.30 pm the informant intercepted one truck bearing registration No. WB 33-2361 and two auto rickshaw bearing registration Nos. BR-16H 8887 and BR-16H.7428. Substantial quantities of edible oils were found loaded on the vehicles and the petitioner was found indulging in transacting business of selling edible oil on the road itself. On demand, the driver produced two challahs which were issued in the name of M/s. Ganesh Bhandar and Awtar Stores respectively. The edible oils which were seized from Jugsalai Municipal Bazar, were supposed to be delivered at Krishi Bazar Samitee, but instead of dowering the goods at the prescribed destination, the same were brought to Jugsalai Bazar for the purpose of tax evasion and black marketing. The case was registered against the petitioner for the offence under Sec. 7 of the E.C. Act on the ground that the petitioner being a licence, was found transacting business of selling edible oil in contravention of the provision of Bihar Trade Articles (Licences Unification) Order, 1984 which is punishable under Sec. 7 of the Essential Commodities Act.

(3.) It may be mentioned that earlier, the petitioner had preferred writ applications vide Cr W.J.C. No. 164 of 1998 (R) and Cr W.J.C. No. 8 of 1999 (R) in the same case and on identical grounds. A single Bench of this Court had disposed of the writ applications observing that the ground advanced by the petitioner was not sufficient to interfere with the matter of the investigation of the case. However, petitioner was given liberty to raise their grievance at appropriate stage before appropriate forum.