Allowed

Manoj Kumar @ Manoj Kumar Sah and Anr. v. The State Of Bihar

Patna HC13 Oct 2014CR. MISC./10087/2014

Case brief

AI extract

What is this about?

The Single Judge of the Patna High Court allowed the application seeking quashing of criminal proceedings and an order of non-discharge in an Essential Commodities Act case. The Court observed that since paddy was not a controlled item, no offence was made out under Section 7, and there was no sufficient material to justify trial.

What did the court decide?

The application was allowed and the entire proceeding including the order of non-discharge dated 11.12.2013 was set aside.

Manoj Kumar @ Manoj Kumar Sah and Anr… — Constitutional and Fundamental Rights | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10087 of 2014

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Arising Out of PS.Case No. -7 Year- 2011 Thana -MADHWAPUR District- MADHUBANI ====================================================== 1. Manoj Kumar @ Manoj Kumar Sah, S/O Sri Ram Sewak Sah, Resident Of Village- Banauli, P.S.- Sursand, District- Sitamarhi 2. Mithlesh Sah, S/O Ram Khelawan Sah, Resident Of Village- Banauli, P.S.- Sursand, District- Sitamarhi .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Adv. For the State : Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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5 13-10-2014 Heard learned counsel for the Petitioner and the

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State.

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The Petitioner seeks quashing of the entire proceeding including the order of non-discharge dated 11.12.2013 passed in Madhwapur P.S. Case No. 07 of 2011, G.R. No. 294 of 2011, Trial No. 3237 of 2013 by the Sub-Divisional Judicial Magistrate, Madhubani.

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The case of the Informant is that on the date of occurrence, two trucks were intercepted on suspicion that they are transporting Ganja. However, on search, no Ganja was recovered but 520 bags of paddy was found loaded in the two trucks which were suspected as being carried for black marketing.

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It has been submitted that after the seizure of the

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Patna High Court Cr.Misc. No.10087 of 2014 (5) dt.13-10-2014

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2/2

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paddy, a Confiscation Proceeding was initiated but it was dropped on the ground that paddy did not come under the controlled items. In this circumstance, the Petitioner submits that no offence under Section 7 of the Essential Commodities Act is made out.

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On going through the case diary, the learned Additional Public Prosecutor submits that apart from the allegation in the First Information Report, there is no further material which would justify putting the Petitioner on Trial in the aforesaid Criminal Prosecution.

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Hence, the application is allowed and the entire proceeding including the order of non-discharge dated 11.12.2013 passed in Madhwapur P.S. Case No. 07 of 2011, G.R. No. 294 of 2011, Trial No. 3237 of 2013 by the Sub-Divisional Judicial Magistrate, Madhubani, is, hereby, set aside.

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(Anjana Prakash, J)

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S.Ali/-

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U T

Manoj Kumar @ Manoj Kumar Sah and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Manoj Kumar @ Manoj Kumar Sah and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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