Chandra Shekhar Jha, J.—Heard learned counsel appearing for the petitioners and learned APP for the State.

2. The present application has been filed by the petitioners for quashing of the order dated 21.07.2022 passed by learned Sub-divisional Judicial Magistrate, Kishanganj in connection with Sukhani P.S. Case No.18 of 2018 and S.G.R. No.1741 of 2018, whereby the learned jurisdictional Magistrate has taken cognizance for the offences punishable under Sections 413, 414, 467 of the Indian Penal Code (in short ‘IPC’) and Section 7 of the Essential Commodities Act (in short ‘E.C. Act’) and also by the same order, charges were framed against the petitioners.

3. The case of prosecution set out against the petitioners, inter alia, is that on 12.09.2018 at about 12:45 P.M., the Block Supply Officer namely, Amit Kumar Singh, Thakurganj has submitted a written report to the S.H.O. Sukhani Police Station, Thakurganj alleging therein that after reaching at Sabodangi Chowk, the informant found that a truck bearing Registration No.WB59A4055 was intercepted by the Sukhani Police Officers. On verification, it was found that the wheat bags were loaded in the truck and gunny bags were printed with the monogram of F.C.I. and all the bags were hand-stitched. It is further alleged that on enquiry from the said truck driver namely, Chandrama Mahto, he said that he has loaded the wheat in truck from M/s. Naaz Stock Point, Araria and he produced the bill and mobile no., which was mentioned on the bill. On call from the said mobile no., one Safir replied that the wheat does not belong to him i.e. M/s. Naaz Stock Point. Hence, the bill appears to be suspected. It is further alleged that the driver of the truck gave his statement that he had taken the wheat from M/s. Naaz Stock Point, Bhagwanpur, Araria and was going to Shakambari Flour Mills, Siliguri and in the meantime, he was apprehended by the Sukhani Police Officers. From the said truck, total 259 sacks containing 129.5 quintals of wheat were found loaded in the alleged truck. It is further alleged that prima facie the recovered wheat appears to be government subsidized items, which was being taken to Siliguri for the purpose of black marketing. The seized wheat were handed over to a PDS dealer, namely, Babu Lal Singh, till further order.

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are not named in the FIR. The owner and the driver of the alleged truck bearing Registration No.WB59A4055 were made accused in the FIR. It is further submitted that initially after investigation, the police submitted charge-sheet on 31.01.2019 against one Chandrama Mahto and learned A.D.J.-III, Kishanganj took cognizance of the offences under Sections 413, 414, 467 of the IPC and Section 7 of the E.C. Act. It is further submitted that subsequently, supplementary charge-sheet vide Charge-sheet No.6 of 2022 dated 31.01.2022 was filed in the court of learned S.D.J.M., Kishanganj and on 21.07.2022, it took cognizance against the petitioners. It is further submitted that the petitioners are not at all concerned with wheat found loaded on the truck bearing Registration No.WB59A4055 and/or with the truck in question, on which wheat was found loaded.

5. Learned counsel further submitted that even if the prosecution case is accepted on its face value, no case is made out under Section 7 of the E.C. Act and under Sections 413, 414 and 467 of the IPC. It is submitted that according to FIR, all the bags were hand-stitched and not stitched by machine and/or were not tagged with tag of F.C.I. It is further submitted that petitioners are not at all concerned with M/s Naaz Stock Point and he is neither partner nor the proprietor of the firm. It is further submitted that only on the suspicion without any basis or materials that the loaded wheat appears to be government subsidized wheat and was being carried for the purpose of black marketing to Siliguri is baseless and unfounded and, therefore,