SHAMIM AHMED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Cr.M.P is directed against the order dated 14.06.2006 by reasons of which cognizance was taken under Section 7 of the Essential Commodities Act against the petitioner and for quashing the entire criminal proceeding in connection with Govindpur Case No. 130 of 1998 (G.R. No. 2181 of 1998) now pending in the court of S.D.J.M., Dhanbad and also against the order dated 27.02.2007 by reasons of which no bailable warrant of arrest was issued against the petitioner without waiting for service report of summon and all subsequent orders by reasons of which process under section 82 and 83 of Cr.P.C has been issued.

(2.) The prosecution case has been lodged by the Block Supply Officer at the instance of the S.D.O, Dhanbad alleging therein that on receipt of confidential information that one Tanker loaded with Kerosine oil was standing nearing Anup Automobiles. It is alleged that during the inspection the driver of the tanker fled away whereas the Khalasi namely, Firoz was apprehended. It is alleged that on interrogation the Khalasi has disclosed that the Kerosene oil was loaded on 23.06.1998 from Ranchi depot and it was to be unloaded in Anup Automobiles and for this purpose the tanker was standing near the said automobiles.

(3.) It is further alleged that one week back Kerosene oil was sold to said Anup Automobiles. It is alleged that on demand the papers relating to kerosene oil could not produce the papers relating to Kerosene oil it was presumed by the informant that the tanker was brought near Anup Automobiles for unloading the same and for mixing the same with patrol.