DILIP AGARWAL @ DILIP KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present petition under Section 482 of the Code of Criminal Procedure has been preferred by the petitioners for quashment of the entire criminal proceeding against them in Kuru P.S. Case NO.118 of 2007, corresponding to G.R. No. 494 01 2007 for the offence under Section 7 of the Essential Commodities Act.

(2.) THE prosecution story in short was that the Supply Inspector, Kuru alongwith the police party intercepted a Truck No. UP -63F -9535, which was carrying wheat bags but on demand no paper with regard to transportation of wheat or its ownership was produced. The driver of the said truck. who was apprehended at the spot, explained that papers would be provided at Lohardaga by the petitioners. The truck with the wheat bags loaded thereon was seized on the instance of the lnformant -Supply Inspector after institution of the case for the offence under section 7 of the Essential Commodities Act against the petitioners and others with the allegation that the informant had reason to believe that wheat bags were being carried on the truck belonged to some projects of the Government and that the same were to be sold in the black -market.

(3.) MR Hatim, the learned A.P.P, appearing on tehalf of the State failed to satisfy the court with reference to violation of any Control Order so as to attract an offence under Section 7 of the E.C. Act alleged to be committed by the petitioners.