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1998 Supreme(Pat) 679

R.N.SAHAY
Nathuni Yadav – Appellant
Versus
State Of Bihar – Respondent


Judgment

R.N.Sahay, J.

1. The Special Judge, Madhubani bv his order dated 7.5.1993 in G.R. No. 2380/91 (Tr. No. 158/93) has taken cognizance of the offence punishable under Sections 7 and 8 of the Essential Commodities Act against these three petitioners which is sought to be quashed by this application.

2. On 22.11.1991 one Ram Bhajan Das (opposite partv No. 2) of village Manmohan PS. Basopatti in the district of Madhubani submitted a written report to the Officer-in-charge Basopatti Police Station alleging that petitioner No. 1 who was appointed as a dealer under the Public Distribution System, was not regular in distributing Kerosene Oil and Sugar to the consumers.

It is further alleged that he was supplying these items in less quantity. It is further alleged that he was also charging excess price. It was next alleged that on the same day i.e. on 22.11.1991 one Ajab Lal Yadav came to the complainant and said that a drum of Kerosene Oil was kept in the bathan of one Md. Sabjan. The complainant along with several other person went to that bathan and found a drum of Kerosene Oil. On inquiry,Md. Sabjan said that the drum of Kerosene Oil belonged to petitioner No. 1. On information, P




















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