R.R.PRASAD,J. - (1.) THIS application has been filed for quashing of the FIR of Chainpur P.S. case No. 17 of 2012 (G.R. No. 374 of 2012) which has been instituted under Section 7 of the Essential Commodities Act against the petitioners.
(2.) IT is the case of the prosecution that on 1.5.2012, when the Block Supply Officer. Chainpur and also Sub -Inspector of Police 1aid a raid over the business premises as well as residential portion of the house of the petitioner No.1, they found 339 bags of rice containing 179.50 quintals of rice stored, over there whereas as per entry made stock register as well as sale register, it should have been 54.59 quintals of rice. However, it on being seized were given in zimmanama to petitioner No.2. Further case is that on 3.5.2012 when the Block Supply Officer came and inspected the business premises it was found that only 209 bags of rice were there which contained 104 quintals of rice only. On making verification of stock register and sale register, 49.06 quintal of rice was found in excess which had been stored for selling it in black market.
(3.) ON such allegation, a case was registered as Chainpur P.S. case No. 17 of 2012 under Section 7 of the Essential Commodities Act and also under Sections 406, 409/34 of the Indian Penal Code against the petitioners.;