IN THE HIGH COURT OF JUDICATURE AT PATNA
CR.MISC. NO.32247 OF 2008
SURYABANSH SINGH, SON OF LATE RAM CHANDRA SINGH, RESIDENT OF
VILLAGE BEDA (NEAR BEDA CANAL), POLICE STATION SASARAM (M),
DISTRICT ROHTAS (SASARAM)
VERSUS
1. THE STATE OF BIHAR
2. THE EXECUTIVE MAGISTRATE, ROHTAS (SASARAM)
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2 07/07/2011 Heard Counsel for the petitioner and the A.P.P.
appearing on behalf of the State.
This application has been filed for quashing of
the entire First Information Report of Sasaram (M) Police
Station Case No. 538 of 2007 under Section 7 of the
Essential Commodities Act.
The allegation in the First Information Report is
that the shop (Hotel) of the petitioner was raided. It was
found that one tractor containing 32 bags of cement was
standing in front of the shop of the petitioner. On
interrogation, it was disclosed by the driver of the tractor
that 18 bags of cement were unloaded to the shop of the
petitioner. Thereafter, 405 bags of cement, 42 bags of
D.A.P., 18 bags of Kribhico Urea and 5 bags of I.P.L.
Phosphate fertilizers were recovered from the shop of the
petitioner.
Learned Counsel for the petitioner submits that
there is no allegation that the petitioner had illegally kept
the seized articles or that he was going to utilize the
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fertilizer for selling them in the black market. It is further
submitted that merely because the bags were lying on the
tractor, does not mean that the bags were to be sold in
the black market.
This Court finds that the matter is still under
investigation and as such, I do not find any special
circumstances for quashing of the entire First
Information Report.
This application is accordingly dismissed.
Anand ( Sheema Ali Khan, J. )