Raj Kumar Sah vs The State Of Bihar
2023 Latest Caselaw 5315 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.18036 of 2017
      Arising Out of PS. Case No.-54 Year-2012 Thana- SAKRI District- Madhubani
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Raj Kumar Sah son of Baldev Sah, resident of Village- Sakari, P.S.- Sakari, District- Madhubani.

... ... Petitioner/s Versus The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Anand, Advocate For the Opposite Party/s : Mr. Akbar Ali, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT Date : 12-10-2023

Heard learned counsel for the petitioner and

learned A.P.P. for the State.

2. The learned counsel for the petitioner submits

that the present quashing application has been filed seeking

quashing of the order dated 18.01.2013 passed by the

learned S.D.J.M, Madhubani, in T.R. No. 87 of 2016 arising

out of Sakari P.S. Case No. 54 of 2012, whereby the learned

S.D.J.M, Madhubani has taken cognizance of offence under

Section 7 of E.C. Act.

3. It is next submitted that an F.I.R came to be

instituted alleging that on 20.04.2012 at about 9:10 A.M,

the informant received a secret information that in the Patna High Court CR. MISC. No.18036 of 2017 dt.12-10-2023

leather godown situated near the Sakari Chowk, the

petitioner was indulging in the business of food grains of

F.C.I, as such, the godown was searched where three

persons were found inside the godown engaged in

repacking the bags, further the apprehended accused

disclose their names and the petitioner informed that he

purchased 300 bags from a truck driver in the night of

19.04.2012 after paying the consideration amount. The

learned counsel for the petitioner submits that from perusal

of the allegation as alleged in the F.I.R., it would manifest

that the informant alleges that a godown was raided where

300 bags of grain was recovered on which the petitioner

disclosed that he had purchased the same from a truck

driver for consideration, it is next submitted that petitioner

is not a P.D.S. dealer and relies on an order of this Court in

the case of Arvind Kumar vs. State of Bihar reported in

2014 (4) PLJR 255 wherein this Hon'ble Court on a similar

fact that the petitioner of the said case being a private

person cannot be proceeded under Section 7 of E.C. Act,

quashed the entire proceeding, it is next submitted that since

the petitioner is not a P.D.S. dealer and is a private citizen, Patna High Court CR. MISC. No.18036 of 2017 dt.12-10-2023

as such, he cannot be fastened with allegation under the

E.C. Act.

4. The learned A.P.P. for the State opposes the

present quashing application.

5. Considering the submissions, the order dated

18.01.2013 passed by the learned S.D.J.M, Madhubani, in

T.R. No. 87 of 2016 arising out of Sakari P.S. Case No. 54

of 2012, whereby the learned S.D.J.M, Madhubani has

taken cognizance of offence under Section 7 of E.C. Act, is

hereby quashed.

(Satyavrat Verma, J) Nilmani/-

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