Case Facts:
Patna High Court Cr.Misc. No.37025 of 2010 (6) dt.03-10-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37025 of 2010 ====================================================== Liladhar Sah Late Sarun Sah resident of village Machharhata Main Road, P.S. Buxar, Distt. Buxar .... .... Petitioner Versus State of Bihar .... .... Opposite Party ====================================================== Appearance: For the petitioner : Mr. Ambika Bhagat, Advocate For the State : Mr. Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER ------- 6 03.10.2012 Supplementary affidavit is filed on behalf of the petitioner. Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State on the point of admission and in my view, this petition can be disposed off on admission stage itself. This petition under section 482 of the Cr. P.C has been filed for quashing the order dated 21.8.2010 passed by the Sub divisional Judicial Magistrate, Buxar in Buxar Town P.S. case no. 180/2008 corresponding to Trial no. 1613/2010 by which and whereunder he rejected the discharge petition dated 14.10.2009 filed on behalf of the petitioner and other accused. The brief fact, which lies to file this quashing petition, is that eight gas cylinders were recovered from the house of the petitioner and similarly, eight gas cylinders were recovered from the house of the co-accused and accordingly, Buxar Town P.S. case no. Patna High Court Cr.Misc. No.37025 of 2010 (6) dt.03-10-2012 2 180/2008 under [STATUTE] was registered against the petitioner and co-accused. After investigation, police submitted charge sheet under [STATUTE] and section 7 of the Essential Commodities Act. A petition for discharge was filed on behalf of the petitioner and co-accused before the trial court but learned trial court rejected the aforesaid petition passing the impugned order against which this quashing petition has been filed. Learned counsel for the petitioner submits that [STATUTE] is not applicable in this case as the seized cylinders are not stolen property and similarly, section 7 of the Essential Commodities Act is not applicable in this case because there is nothing on the entire case diary as well as first information report to show this fact that which provision of the control order has been violated. On the other hand, learned Addl. Public Prosecutor refuted the above stated submissions and pointed out that there is clear cut violation of section 3 of the LPG (Regulation of Supply and Distribution) Order, 2000 and, therefore, section 7 of the Essential Commodities Act is applicable in the present case. It appears from submissions of learned counsel for the petitioner that other family members of the petitioner had stored the aforesaid cylinders but, in my view, the aforesaid fact needs deeper investigation which is only possible in course of trial and, therefore, this petition does not have any merit and it must be dismissed on admission stage itself. Accordingly, this petition stands dismissed on the admission Patna High Court Cr.Misc. No.37025 of 2010 (6) dt.03-10-2012 3 stage itself. However, in course of trial, findings given by this court in this order shall not prejudice the case of the petitioner. Shahid ( Hemant Kumar Srivastava,J)

Applicable IPC Section: 414

Statute Text:
Section 414 of the Indian Penal Code. Assisting in concealment or disposal of stolen property, knowing it to be stolen. Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.