IN THE HIGH COURT OF JUDICATURE AT PATNA
CR.MISC. NO.28344 OF 2008
RAMA KANT CHAUDHARY, SON OF FAKIR CHAND CHAUDHARY, RESIDENT
OF VILLAGE AND POLICE STATION NAGARNAUSA, DISTRICT NALANDA
VERSUS
THE STATE OF BIHAR
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2 20/06/2011 Heard Counsel for the petitioner and the A.P.P.
appearing on behalf of the State.
The petitioner is aggrieved by the order dated
12.03.2008 passed in Nagarnausa Police Station Case
No. 26 of 2007 (Trial No. 2149 of 2008) by which the Sub
Divisional Judicial Magistrate, Hilsa has taken
cognizance for the offence under Section 7 of the
Essential Commodities Act.
The submission on behalf of the petitioner is
that when the inspection was made, it was found that the
shop was closed and therefore, no physical verification
took place of the shop in question. It is also submitted
that there is no specific allegation regarding black-
marketing of the items that were stored in the shop of the
petitioner. Lastly, it is submitted that the case of the
petitioner is covered by the decision of this Court in the
case of Md. Waizuddin vs. the State of Bihar [2007 (1)
PLJR 714].
All these aspects of the matter may be
examined at the stage of framing of the charge when the
2
Court below will have the liberty to peruse the case diary
of this case. The Court below will also go through the
judgment mentioned aforesaid before passing an
appropriate order.
This application is disposed of with the
aforesaid observations.
Anand ( Sheema Ali Khan, J. )