Research › Browse › Judgment

Patna High Court · body

1996 DIGILAW 609 (PAT)

Mool Chand Agarwal v. State Of Bihar

1996-09-18

LOKNATH PRASAD

body1996
Judgment 1. Heard learned lawyer for the petitioner and the counsel for the State. 2. This is an application under Section 482, CrPC for quashing the entire criminal prosecution including the order of cognizance relates to Jugsalai P. S. Case No. 179/93 which lis pending before Special Judge, E. C. Act, Jamshedpur. 3. The fact, in short, for the purpose of this application is that S. I. Food, inspected the godown of the petitioner on 22-9-1993 and found some irregularities and it was also detected that foodgrains belonging to FCI Godown was kept in the godown of the petitioner. So the S. I. Food, instituted this case and made search and seizure in the premises of the petitioner godown and after completion of the investigation charge-sheet under Section 420, IPC and Sec. 7, E. C. Act was submitted as against the petitioner. 4. It was contended on behalf of the petitioner that under clause 30 of the Bihar Trade Articles (Licences Unification) Order, 1984 , the informant who was Sub-Inspector CID Food was not authorised to make any search and seizure and in that view of the matter, search and seizure and on that basis institution of the case against the petitioner is illegal and bad in law Similar view was taken by a Division Bench of this Court in Cr WJC 92/93R.Sardar Ajit Singh V/s. State of Bihar and others, and a Bench of this Court in Cr Misc. 1894/90R Harbans Lal Ahuja V/s. State of Bihar. So this case is also covered by the decision of the Division Bench. In that view of the matter, this application is allowed and the entire criminal prosecution relates to Jugsalai P. S. Case No. 179/93 pending before the Addl. Sessions Judge-cum-Special Judge (E. C. Act), Jamshedpur is hereby quashed.