SANJAY SINGH @ RAJESH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PURSUANT to the direction made by this Court on 23.8.2007 the report of the A.C.J.M., Saraikella Kharsawan is on the record. The A.C.J.M. vide his letter no. 87 of 2007 dated 6.9.2007 has reported that he was informed by the Officer -in -charge, Chandil P.S. that 800 seized rice bags were kept at Phadlugera godown and 200 seized rice bags were kept in the premises of Chandil P.S. covered with plastic roof with the averments that some of the bags were damaged due to rains and rats.

(2.) THE relevant fact of the case is that a truck was intercepted by the O.P. No.2, S.D.P.O., Chandil and 200 bags of rice were found loaded thereon with 800 bags of rice in the godown and the petitioner claimed to be the owner of 1000 bags of rice which were seized by the police on the allegation that rice belonged to FCI by conversion of FCI bags to the ordinary gunny bags. A case was instituted under Section 414 of the Indian Penal Code as well as 7 of the Essential Commodities Act but the cognizance of the offence was taken only under Section 414 of the Indian Penal Code without allegation of theft whatsoever from the FCI and also without preliminary verification of the stocks of any godown. The defence of the petitioner at the outset was that he produced the purchase receipt of M/s Bajrang Trading Company Rohtas that he had purchased the same from the said Trading Company and has brought the same to his godown and from there he was transporting 200 bags of rice The learned counsel further submitted that there is no storage limit of rice in the territory of the State of Jharkhand since 2002 which is the point of law and that the rice bags, which have been kept under care in Chandil police station premises, according to the report of the Officer -in -charge of the Chandil P.S. submitted to the ACJM, Saraikella, are being eaten by the rats and damaged by shower of rains.