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2006 Supreme(Pat) 2

CHANDRAMAULI KR.PRASAD
Shriram Rai – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This application has been filed for quashing the entire prosecution including the First Information Report lodged as Bettiah Mufassil P.S. case No. 40 of 2004 under sec. 7 of the Essential Commodities Act.

2. Short facts giving rise to the present application are that the District Supply Officer West Champaran, Bettiah, gave a written report to the officer-in-charge of the Bettiah Mufassil Police Station, inter alia, alleging that on 23.2.2004 two trucks bearing registration No. BR 28-9859 and BR-06-C-2622 were found infront of the godown of the State Food Corporation at Bettiah laden with 300 bags of rice each. In the report it was further alleged that the rice was brought from Gopalganj and Rohtas for black marketing. In the opinion of the District Supply Officer, instead of the rice being sold to the purchase centre by the farmers, it is being done by the middle men and consequently the farmers are not getting the benefit of the Scheme. On the basis of the aforesaid information Bettiah Mufassil P.S. Case No. 40 of 2004 was registered u/s. 7 of the Essential Commodities Act.

3. Mr. Y.V. Giri, Senior Advocate, appearing on behalf of the petitioners contends that no orde











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