At the stage of taking cognizance, only a prima facie case needs to be seen, and detailed inquiry is not required.

ORDER :- Heard learned counsel for the parties.

The prayer of the petitioner in this application is to quash the order dated 12-7-1999, taking cognizance for the offence under Sections 413 and 414 of the Indian Penal Code in connection Baragora (Barsol) P.S. Case No. 13 of 1998.

2. First Information Report was registered being Baragora (Barsol) P.S. Case No. 13 of 1998 at the instance of Mahesh Prasad Ranjan, Sub Inspector of Baragora (Barsol) P.S. It was alleged in the said first information that on 25-3-1998 at about 11 a.m. he got confidential information that one godown was being run by one Shivji Singh at Darisol for keeping petroleum products for the purpose of black marketing. On receipt of this information, he along with Block Supply Officer and one Magistrate with police force reached the godown of Shivji Singh, where he found two tankers bearing registration No. WMK 8332 filled with petrol and petrol was being removed through a pipe and being filled in a drum and another tanker bearing registration No. WB 33/3266 was found standing with bitumen. Apart from these tankers the informant also found Rajdoot Motorcycle attached with a carrier loaded with one jar and several drums were found in the godown. The police arrested the persons found in the godown and asked about the relevant documents from them but nobody could produce any document nor they could give any satisfactory explanation. In presence of two independent witnesses and Block Supply Officer and on inspection several petroleum products were found. It is alleged that for the goods recovered from the godown, the persons could not produce any license and the police believed that the seized goods were brought by committing theft and for the purpose of black-marketing, which is punishable under Sections 413 and 414 of the Indian Penal Code read with Section 7 of the Essential Commodities Act.

3. After completion of investigation, the police submitted charge sheet under Sections 413 and 414 of the Indian Penal Code against the accused persons including the petitioner, on the basis of which the cognizance was taken on 12-7-1999 as aforesaid.

4. Mr. Shankar Lal Agarwal, learned counsel appearing on behalf of the petitioner submitted that even the entire allegations made in the F.I.R. are accepted in its entirety, no case is made out for the offence under Sections 413 and 414 of the Indian Penal Code, because she was the owner of the truck bearing registration No. WB-33-3266, which was allegedly standing near the godown filled with bitumen and according to the allegations it was only alleged that the said truck bearing registration No. WB-33-3266 was standing near the godown and the persons present in the godown could not produce any document relating to the said bitumen and, therefore, police believed that the articles were brought by committing theft and selling the same in black marketing.

5. Mr. Agarwal further submitted that with regard to the same occurrence a confiscation case being Confiscation Case No. 1 of 1998-99 was initiated by the Deputy Commissioner under Section 6-A of the Essential Commodities Act for the confiscation of the truck and the bitumen loaded in it. The Deputy Commissioner, though passed the order for confiscation on 21.7.1998, but the said order was set aside by the learned Sessions Judge at Jamshedpur, in Confiscation Appeal No. 1 of 2002 holding that the seizure of the tanker was unjustified. '

6. I have gone through the allegations made in the F.I.R., charge sheet submitted by the police and the order taking cognizance as well as the order passed by the learned Sessions Judge, Jamshedpur, in Confiscation Appeal No. 1 of 2002.

7. Section 413 of the Indian Penal Code deals with habitually dealing in stolen property, which reads as under :

"Section 413 :- Habitually dealing in stolen property.- Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment for lif

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