Point of Law : Investigating agency is the master of investigation and it may be allowed to take the investigation to a logical conclusion.

JUDGMENT :

This petition, under section 482 read with sections 397/401 of the Code of Criminal Procedure, 1973, has been preferred by the petitioners, namely, (i) M/S Maruti Quality Products Pvt. Ltd., represented by its Commercial Manager of Assam, Shri Parag Lohia, and (ii) M/S Continental Milkose India Ltd., represented by its authorized signatory, Shri Vivek Singh, for quashing and setting aside the F.I.R. of Boko P.S. Case No. 457/2021, dated 03.06.2021, registered under Sections 120(B)/406/379/411 of the Indian Penal Code read with Section 7 of the E.C. Act.

2. It is to be mentioned here that the Boko P.S. Case No.457/2021, under Sections 120(B)/406/379/411 of the Indian Penal Code read with Section 7 of the E.C. Act, has been registered on the basis of one F.I.R. lodged by S.I. Amir Hussain of Boko P.S. on 03.06.2021.

3. The factual background leading to filing of the present petition is adumbrated here in below:-

“On 03.06.2021, local public of Nadiapara, Agachia under Boko Plice Station have detained one Truck, bearing Registration No. NL 07 AA/0493, of M/S Maruti Quality Products and reported the same to Boko Police Station. Then S.I. Amir Hussain of Boko P.S., on inspection of the said Truck, found 800 bags of polished rice (each bag containing 50 kg) marked as ‘East Sunrise’ along with marking of ‘for Assam rifles only’ MKD by ‘Continental Milkose (India) Ltd’, Khearmal, Notun Bosti, Dimapur, Nagaland. Then the S.I. seized the same preparing seizure list. As per statement of the driver of the Truck, it has been learnt that the said rice bags were loaded at Maruti Quality Products Pvt. Ltd. Chatabri Industrial Estate, under Boko P.S. Thereafter, the O/C Boko P.S. along with staff visited the godown of M/S Maruti Quality Products Pvt. Ltd. Chatabri and found unaccounted numbers of PDS/FSA/FCI rice, packed in jute bags and also found 325 numbers of bags of polished rice marked as ‘East Sunrise’ along with markings on the bags, and then seized the same along with the above mentioned Truck. The seized rice bags are suspected to be hoarded for unfair means. One machine for polishing rice was also found there. Further, 11 nos. of loaded Trucks containing FCI rice, one empty Truck which had just unloaded FCI rice, was also found inside the campus and another empty Truck was also found outside the factory. And no valid documents could be furnished regarding the rice, and therefore, it was suspected that the owner, business partner, Manager and others of M/S Maruti Quality Products had entered into a criminal conspiracy to pilferage and misappropriate rice from Govt./FCI facilities and used to sell the same in the black market at high rates/profit thereby depriving the genuine beneficiaries as the PDS/FSA/FCI rice is meant for distribution amongst the BPL/poorer sections of the society. Thereafter, S.I. Amir Hussain has lodged one FIR on 03.06.2021, upon which Boko P.S. Case No. 457/2021, under Sections 120(B)/406/ 379/411 of the Indian Penal Code read with Section 7 of the E.C. Act, has been registered and investigation is being carried out. During the course of investigation, the representative of the petitioner Nos. 1 & 2 and its Directors appeared before the I.O. and their statements were recorded and the I.O. also enquired about the source of the aforesaid seized rice and obtained opinion from the experts. The investigation is still going on.”

4. Pending investigation, the petitioners approached this Court for quashing the aforesaid F.I.R. on the following grounds :

(i) That, no preliminary enquiry was conducted before registering the F.I.R, dated 03.06.2021 and the authority had acted beyond jurisdiction;

(ii) That, no ingredients of the offence under Section 120 (B)/406/379/411 of the Indian Penal Code and Section 7 of the E.C. Act are made out and none of the sections are attracted here in this case as the seized rice bags were the genuine product meant for a part of Mid Day Meal, which was procured by the petitioner No. 2