- (1.) BY the Court. -Heard learned counsel for the petitioners and learned counsel for the State.
(2.) THE petitioners are aggrieved by the order dated 10.3.2003, passed by learned Sub -Divisional Judicial Magistrate, Porahat at Chaibasa, in G.R. Case No.1 of 1999, whereby the application filed by the petitioners for discharge has been rejected by the Court below. The facts of the case lie in a short compass. A seizure of large quantity of rice was made on 25.2.1999, by the Supply inspector. Chakradharpur, in the presence of S.D.O., Porahat at Chakradharpur, from the house of the petitioner Md. Rabbani. It appears that the portion from where the seizure was made was rented to the petitioner Santosh Kumar Chaurasia @ Kallu Chaurasia and it was the petitioner Santosh Kumar Chaurasia who had stored the lice. Alleging that the petitioners were not having the license for dealing in the food grains and were storing the rice beyond the storage limit, the police case was instituted on the basis of the written information given by Supply Inspector. Chakradharpur, on 27.2.1999, being Chakradharpur P.S. Case No. 23 of 1999, corresponding to G.R. No.1 of 1999, for the offence under Section 7 of the Essential Commodities Act, and investigation was taken up.
(3.) IT appears that after investigation of the case, charge -sheet was submitted against the petitioners for the offence under Section 7 of the Essential Commodities Act. Pursuant thereto, by order dated 19.7.1999 passed in G.R. No. 1 of 1999, the Special Judge, E.C. Act, Chaibasa, took cognizance of the said offence against the petitioners. The order taking cognizance has been brought on record as Annexure 3 to this application.;