ASHOK KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this application, petitioners have prayed for quashing the order dated 25.08.1989 passed by learned Special Judge, E.C. Act, Giridih, whereby and whereunder he took cognizance of the offence under Section 7 of the E.C. Act.

(2.) IT is alleged in the First Information Report that on inspection of petitioners' house on 25.04.1989 inspecting party had found 125 bags of rice (100 Quintals) kept in their residence for the purpose of blackmarketing. It is then alleged that on query petitioners did not give any explanation regarding the said rice nor they furnish any paper for the same. It is also alleged that at that time, petitioners have been allotted a shop in market yard, but they had not shifted in that shop and were using to sell rice in black market from their own house. It further appears that police officer, after completing investigation, submitted charge -sheet on 16.04.1989 and thereafter, on 25.08.1989 impugned order has been passed.

(3.) LEARNED APP, after going through the aforesaid judgments and notifications, had not controverted the aforesaid submissions.