IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44926 of 2008 Saryug Rai, Son of late Khedu Rai, Resident of Village Raghubar Chhapra @ Raghuwar Chhapra, PS Saraiya, District Muzaffarpur ---- Petitioner Versus The State Of Bihar ---- Opposite Party ----------- 2 1.8.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has filed this case for quashing the First Information Report of Saraiya PS Case No. 17 of 1997 dated 31.1.1997 lodged under Section 7 of the Essential Commodities Act. Learned counsel for the petitioner submits that M/s C.C. Store was responsible for receiving sugar and other items which was distributed to the P.D.S. Dealers. Petitioner was found in the C.C. Store on raid. He disclosed that 58 bags of 58 Quintal sugar was lying in the Store. The police submitted final report in favour of C.C. Store whereas against this petitioner it has been alleged that he has exchanged sugar recovered from C.C. Store and replaced sugar bags with inferior quality of sugar. Under the circumstances aforesaid, learned counsel for the petitioner submits that his mere presence at the Store and mere 2 suspicion raised on behalf of the prosecution cannot lead to the conclusion that he was responsible for exchanging sugar bags. It is submitted that there should be evidence of witnesses to say that the petitioner was seen carrying away bags from the Store and replacing them or seen carrying sugar bags to the Store. All these aspects of the matter should be examined by the Court below. It is not for this Court, at this stage, to go into such details for the purposes of quashing the First Information Report. This application is disposed of with in accordance with what has been observed above. Sanjay (Sheema Ali Khan, J.)