DEOKI NANDAN PRASAD,J. - (1.) THIS application has been field under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding arising out of Barisole PS Case No. 14/98 dated 28.3.1998 including the order dated 2.1.1999 whereby and whereunder cognizance of the offence under Section 7 of the Essential Commodities Act was taken and also issued warrant of arrest and processes under Sections 82 and 83 of the Cr PC against the petitioner.
(2.) THE case of the prosecution, in brief, as stated that the informant, Prakhand Supply Officer, Bahragor (Barsole) and other officials raided the godown of the petitioner/ Sheojee Singh where it was found that a tanker bearing registration No. WMK 8332 was standing. Another tanker bearing registration No. WB/33 -3266 was also found standing at that place. There was also one Motor Cycle kept there and there were Jars of 35 litres of capacity containing 30 litres of Kerosin Oil of each jars. It was also found thatKerosin Oil of each jars. It was also found that 36 drums were found filled with diesel. At the relevant time, at the godown premises, petrol was siphoned from the said tanker and it was taken to the empty drums which were kept there. There were also empty drums of 200 litres lying there. On seeing the raiding party, the persons indulged in illegal act started fleeing away. As many as 10 accused persons were apprehended at the spot and they disclosed their name but four accused persons managed to escape of whom the petitioner, Sheojee singh also managed to escape. No any documents on inquiry was produced and all of the accused persons including the petitioner were found indulged in black marketing the petrol/diesel. Thereafter the trucks, diesel and other materials were seized in presence of the witnesses and accordingly the seizure list was prepared. The first information report was lodged against the accused persons including the petitioner. The police investigated into the case and submitted charge sheet against all the accused persons including the petitioner who was shown absconder. The learned counsel appearing on behalf of the petitioner submitted that all the articles, except tanker and motor cycle belonged to co -accused Rajdeo Singh and the petitioner has got no concern with the said articles. Petitioner came to know about institution of the instant case as he had no knowledge about this case and he has been carrying business in the name and style of M/s. Arun Carrier, having registered office at Calcutta. It is also submitted that the godown raided by the police party belonged to one Nand Lal Choudhary who had taken lease from the owner Budhiah Murmu. It is also submitted that the informant and other officials who raided the godown have got no authority to seize the said article as well as the Special Judge who took cognizance has got no power after expiry of Act 18 of 1981, to take cognizance for the offence under Section 7 of the Essential Commodities Act.
(3.) IT is also argued that the court below committed error in issuing warrant of arrest as well as processes under Sections 82 and 83 of the Or PC simultaneously which is illegal and cannot be sustained in the eye of law.;