SOHAN KUMAR BINJRAJKE Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by the above named petitioner for issuance of appropriate writ for quashing the entire criminal case of Raxaul P-S. Case No. 05/2000 under Section 414, I.P.C. and 7 of the Essential Commodities Act instituted by respondent No. 6, Naresh Sahay against the petitioner and others on the ground that 700 Tins and Jars of Vanaspati were loaded on Truck bearing registration No. WB-03A/2239 which were seized by respondent No. 6 and referred the matter to the Collector, East Champaran, Motihari for initiation of confiscation proceeding under Section 7 of the Essential Commodities Act. A Supply Case No. 4/2000 was initiated in the Collectorate of District Magistrate, East Champaran, Motihari. An F.I.R. was also lodged on the basis of the so called statement of the Driver being Raxaul P. S. Case No. 5/2000.

(2.) The allegation was that Vanaspati Ghee (Dalda) loaded in the truck was having no valid papers and export permission although it was stated that the same was taken from Birganj to Indore, but practically as per the driver's statement, they had to be unloaded at Muzaffarpur. The confiscating authority took informations from the custom officials and also made a enquiry and found that all valid papers were there having trading licence etc. of M/s. Bharat International and the custom officials had mentioned that all papers were valid and after payment of custom duty the vehicle along with the articles were released for going to Indore but still then the police officials had unnecessarily intercepted and to that extent the custom officials had also written to the Special Judge, E.C. Act that the police personel were unnecessarily interfering with the functioning of the custom officials.

(3.) The confiscating authority vide Annexure 4 dated 17-4-2000 held in the following manner:-