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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Om Prakash @ Om Prakash Yadav Son Of Late Mithilesh Yadav @ Late Barlesh Yadav – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. understanding the factual background of the case. (Para 2 , 3) |
| 2. arguments concerning rental and ownership of the goods. (Para 4 , 5) |
| 3. state's opposition to quashing the fir. (Para 6) |
| 4. relevant legal precedents for quashing fir. (Para 7 , 8) |
| 5. legal reasoning leading to the quashing of the fir. (Para 9) |
| 6. final order and conclusion of the court. (Para 10 , 11) |
JUDGMENT :
CHANDRA SHEKHAR JHA, J.
Heard Mr. N.K. Agrawal learned senior counsel for the petitioner and Mr. Navin Kr. Pandey learned APP for the State.
2. Present petition for quashing of FIR bearing Chousa P.S. Case No. 80 of 2023 dated 18.03.2023, filed under Section 379 of IPC and Section 7 of E.C. Act.
3. The brief fact of the case as it appears from the version of the informant namely Sanjeev Kumar, Block Supply Inspector, Chausa, that on 18.03.2023 at 01.05 AM over telephone, he received information that at Bhatgama, Arwa, rice is loaded on the truck which is for black marketing. On this information, he himself, B.D.O. Chausa, Revenue Officer and police party Chausa in joint raid, found that one truck bearing registration no. RJ09GD-5340 was loaded with 495 plastic gunny bag Arwa Rice of 50.00 Kg each
Prosecution under the Essential Commodities Act cannot lie against a private individual who is not a PDS dealer, as established by legal precedents regarding stock limits and the nature of essential ....
The court ruled that when the allegations do not constitute a cognizable offence and the accused lacks the necessary legal status, quashing of proceedings is warranted.
The court's decision was based on the need to consider the facts and circumstances of the case and a recent order by a Division Bench.
Section 7 of the Essential Commodities Act is attracted only when there is a contravention of the provisions of any order issued under Section 3. The prosecution under Section 7 cannot be sustained i....
Interpretation of legal provisions under the Essential Commodities Act, 1955 regarding dealing in foodgrains and the prosecution's burden of proof in cases of alleged black marketing.
FIR under Section 7 of the Essential Commodities Act cannot be instituted post removal order of 2002; court quashed the FIR due to lack of evidence and malicious intent.
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