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1988 Supreme(Pat) 1

S.N.JHA
Satya Narain Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the petitioner: M/s G.C. Bharuka & Ramesh Kumar Agrawal.
For the State : M/s J.N.P. Sinha, G.A. and Jawahardhari Singh.

JUDGMENT

S.N. Jha, J.

This application has been filed on behalf of the petitioner for quashing of the entire criminal proceeding in E.C. Act Case No. 39/85 initiated against him including the order dated 4.4.1987 by which the learned Special Judge, E.C. Act has taken cognizance of an offence under section 7 of the Essential Commodities Act, 1955 (in short 'E.C. Act') against the petitioner.

2. The petitioner is one of the partners of the firm M/s. Satya Narain Prasad Radhey Shyam. The said firm carries on business in food grains, pubes, oil seeds and other articles at Bara Chakia in the district of East Champaran.

3. From the First Information Report, it appears that in course of raid on 16.5.1985, the Addl. District Magistrate, Supply, East Champaran sealed the business premises of the petitioner in his absence. From the averments made in the petition, it appears that on 20.5.1985 the petitioner learnt that in his absence the premises of the said firm was broken open on 17.5.1985 by the authorities of the Supply Department including the informant Marketing Officer and various articles were seized namely wheat in 2 bags measuring 1 quintal and 60 kgs., pulses 31 quintals and 61 kgs and















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