GOPAL PRASAD KHETAN AND SANDEEP KHETAN Vs. STATE OF JHARKHAND AND MARKETING OFFICER, RANCHI SUB-DIVISION

JUDGEMENT

(1.) THROUGH this writ application, first information report of Kotwali (Pandra) P.S. case No. 569 of 2009 (G.R. No. 3465 of 2009) instituted under Sections 420, 467, 468 and 471 of the Indian Penal Code and also under Section 7 of the Essential Commodities Act (hereinafter referred to as 'the Act') has been sought to be quashed. Further prayer is to release all the commodities seized in connection with the said case.

(2.) BEFORE adverting to the submissions made on behalf of the petitioners, facts giving rise this application are that on 20.8.2009, a team consisting of Sub -divisional Officer, Sadar, Ranchi, Marketing Officer (informant) and others laid raid on three shops of the petitioners situated in the premises of the Agriculture Produce Marketing Committee, Pandra as well as the residential premises of the petitioner, Gopal Prasad Khetan. One being shop No. 381, proprietor of which is Gopal Prasad Khetan (petitioner No. 1), other being shop No. 382, being run by Amitabh Kumar S/o petitioner No. 1, in the name and style as M/s. Amitabh Trading and third being shop No. K36, being run in the name and style as M/s. Sandeep Trading by Sandeep Khetan, petitioner No. 2 (son of petitioner No. 1).

(3.) IT further appears that on the next date, when physical verification was made, 2532.75 quintals of pulses were found in the aforesaid three shops as well as in the residential -cum -business premises of the petitioner No. 1.Thus, according to the prosecution, the petitioners by not displaying the stock position of the articles and by not maintaining stock register, contravened the provision of the Jharkhand Essential Commodities (Price and Stock Display) Order, 1977.