- (1.) Heard counsel for the petitioner and counsel for the State.
(2.) The petitioner is an accused in a case registered under Sections 414/34 of the Indian Penal Code and under Section 7 of the E.C.Act.
(3.) The prosecution case in brief is that Block Supply Officer of Chouparan has submitted a written report stating therein that on the basis of the complaint filed by Bindeshwari Devi, President, Muniya Devi, Secretary and Lelawati Devi, Cashier, B.D.O., Chouparan had ordered to enquire into the matter regarding their complaint in respect of Puja Mahila Mandal PDS Shop, at village Dumari, P.S.Chouparan in the district of Hazaribagh. On 20.10.2011 at about 4 P.M. the informant along with the B.D.O. Chouparan inspected Puja Mahila Mandal Food Grains Dealers Shop in presence of Mukhia, Bachhai Panchayat and villagers and found 1.60 quintals of rice were lying there and on inspection of distribution register and stock register the same were found correct. But the stock of B.P.L. And Antodaya scheme was also inspected and found 33.20 quintals of rice were allotted on 11.10.2011 and till date 31.60 quintals were distributed amongst 79 beneficiaries. Only 1.60 quintal was found left to be distributed, lying in the godown. Thereafter, from the residential house which was just adjacent to the shop which belongs to the son of the present petitioner was inspected and it was found that one room was locked and on inspection from the said room 13bags of rice containing the mark of CM 12/LEVY DM/DMO,FCI/CC MARK FED/2010-011, JIN KUSHAL INDUSTRIES TAKARI NP W APARA,AA JIM LOT NO.41 variety RICE/PB/COM.GRAD A weighing 50 Kg. Thus, the informant seized the total 8 quintals of rice which were meant for the beneficiaries of the B.P.L. Family.;