IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40674 of 2008 Anil Yadav @ Ganauri Yadav, son of Late Pato Yadav, resident of Village-Ganjpar, P.S. Rajgir, District- Nalanda. …………………………………………………Petitioner. Versus 1. The State Of Bihar. 2. Sidheshwar Mochi, son of Late Biltu Mochi, resident of Village-Chhoti Nawada, P.S. Khusrupur, District- Patna, presently posted as Supply Inspector, Giriyak Block, District-Nalanda. ………………………………………..Opposite Parties. ---------------------------------- For the Petitioner: M/s. Anjani Kumar and Sudhir Kr. Upadhyay, Advocates. For the State : Mr. Jharkhandi Upadhyay, A.P.P. ------------------------------- O R D E R 4. 28.09.2011. The petitioner has filed this application, under Section 482 of the Code of Criminal Procedure, for quashing the order dated 7.3.2008 passed by the Chief Judicial Magistrate, Nalanda, in Silao (Rajgir) P.S. Case No.326 of 2007, whereby he took the cognizance of the offence under Sections 120(B)/34 of the Indian Penal Code and Sections 7, 8 and 9 of the Essential Commodities Act. 2. In brief, the prosecution case is that the 2 informant-opposite party no.2, Sidheshwar Mochi, who was the Supply Inspector of Bolck-Giriyak and also the Incharge of Rajgir Block, received information about the black marketing of wheat meant for Antodaya Yojna by the Fair Price Shop Dealers. On receiving such information, he contacted the Officer Incharge of Rajgir Police Station and proceeded for checking alongwith the Officer Incharge of Rajgir Police Station and other police personnel. When the informant-opposite party no.2 reached near the house of the petitioner and Ajay Yadav, son of Ganauri alias Anil Yadav of village Ganjpar, P.S. Rajgir, District-Nalanda, situated at a distance of about 150 yards of the Godown of the Food Corporation of India, Rajgir, then two tractors bearing Registration Nos.PB 05C-6582 and B 275 D 1 attached with trolley were found standing. Near the tractors, one white colour Maruti Car bearing Registration No.DDU-7342 was also standing, on which Subodh Kumar alongwith Ajay Ram (Mahuri), Pappu Pandey and its driver, who had come to purchase the said wheat for the purpose of black marketing, were sitting. On seeing the police force, they fled away. In presence of Abhimanyu Sao, the night 3 guard and Rajeshwar Prasad, the Peon, of the Godown of Food Corporation of India, Rajgir, the house of the petitioner was searched and from there, 140 bags of wheat from the godown of the Food Corporation of India, Rajgir, were seized and from the tractors, 25 bags from each tractor, were also seized. 3. Learned counsel appearing on behalf of the petitioner submits that the petitioner is an agriculturist and cultivates wheat in his own field and also the field, which has taken in Batai from Naresh Kumar Yadav, who has given the petitioner 22 bighas of land for cultivation and for that Naresh Kumar Yadav has sworn an affidavit. It has also been submitted that on cultivation, the petitioner used to supply the wheat to the Food Corporation of India and on 10.1.2007, the petitioner had given 194 bags containing 77 quintals 60 kilograms of wheat to the Food Corporation of India regarding which receipts were also issued by the Food Corporation of India, Bihar Region on 10.1.2007. As such, the bags containing wheat, as said to be seized from the house of the petitioner, were not meant for Anatodaya Yojna, rather the same were cultivated by the petitioner and the 4 same has illegally been seized. It is further submitted that as the petitioner is not dealer under the Public Distribution System, the offence under Sections 7, 8 and 9 of the Essential Commodities Act are not made out against him and the cognizance taken against the petitioner for the offence under Section 120(B)/34 of the Indian Penal Code and Sections 7, 8 and 9 of the Essential Commodities Act by the Chief Judicial Magistrate, Nalanda, through the impugned order on submission of chargesheet, is bad in law. 4. Learned A.P.P. for the State submitted that from perusal of the case diary, as was called for in this case, it appears that the seizure list witnesses, Abhimanyu Singh and Rajeshwar Prasad, have supported the case of the prosecution stating that the seized bags containing wheat were of F.C.I. Godown, Rajgir, and the other witnesses, who are the members of the raiding party, in paragraphs-19, 20, 21 and 22 of the case diary, have also supported the case of the prosecution. The independent witness, in paragraph-25 of the case diary, has stated about the black marketing of wheat by the petitioner after taking the same from the P.D.S. Dealers. 5 5. From perusal of the impugned order dated 7.3.2008, it appears that the Chief Judicial Magistrate, Nalanda, on perusal of the case diary took the cognizance of the offence under Sections 120(B)/34 of the Indian Penal Code and Sections 7, 8 and 9 of the Essential Commodities Act against the petitioner and two other accused, namely, Pappu Yadav and Ajay Ram. The Case diary also supports the submissions as advanced on by the learned A.P.P. for the State and it also appears therefrom that the investigation against the rest accused is going on. 6. Due regard being had to the facts and the circumstances of the case, I find no illegality in the impugned order to interfere with the same. Accordingly, this application stands dismissed. P.S. (Rajendra Kumar Mishra, J)