JUDGMENT

Date : 09-05-2022 VERDICT (CAV)

This petition, under Section 482 of the Criminal Procedure Code, 1973, is preferred by four petitioners namely, Shri Pesen Yomcha, Shri Jibon Goswami, Shri Surajit Dutta, Shri Ramadhar Rai, for quashing the Charge-sheet being Charge-sheet No. 11/2013, dated 28.08.2013 in Tezu P.S. Case No. 53/2012, under Sections- 420/409/34 IPC, read with Section 7 of the Essential Commodities Act, 1955 and the Criminal Proceedings arising there from and pending before the Court of learned District and Session Judge, East Sessions Division, Tezu, being Sessions Case No. 41/L/2015. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Shri Ngurang Pinch and 4 others on 24.11.2012.

2. The factual background leading to filing of the present petition is briefly stated as under:-

“On 24.11.2012, Shri Ngurang Pinch and 4 others, who are arraigned as respondent No. 2 to 5 in the present petition, lodged one complaint with the Officer-In-Charge, Tezu Police Station to the effect that Shri Jibon Goswami, Shri Surajit Dutta & Shri Ramadhar Rai of M/s Namsai Lamp Ltd Carriage Contractor of FCI carried PDS items from