Allowed

Ram Nath Singh v. The State Of Bihar

Patna HC13 Nov 2014CR. MISC./15067/2013

Case brief

AI extract

What is this about?

In this criminal miscellaneous proceeding, the Patna High Court set aside the order taking cognizance against a P.D.S. dealer accused under the Essential Commodities Act. The court held that mere recovery of coupons found in his possession was insufficient to constitute an offence given the absence of customer complaints and the existence of a practice allowing customers to deposit coupons for con

What did the court decide?

The order taking cognizance dated 20.12.2012 passed by the Additional Chief Judicial Magistrate, Danapur, in Bihta P.S. Case No.357 of 2011 was set aside.

Ram Nath Singh Vs The State Of Bihar — Corruption | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15067 of 2013

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Arising Out of PS.Case No. -357 Year- 2011 Thana -BIHTA District- PATNA ======================================================
Ram Nath Singh S/O Late Shiv Dhyan Singh Resident of Village- Mahaddi Chak, Panchayat-Musepur, P.S.- Bihta, District- Patna .... .... Petitioner Versus
The State of Bihar .... .... Opposite Party ======================================================
Appearance :
For the Petitioner : Mr. N.K.Agrawal, Senior Advocate Mr. D.N.Tiwari, Advocate
For the Opposite Party : Mr. Jharkhandi Upadhyay, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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4 13-11-2014 The petitioner is a P.D.S. dealer. On inspection of his shop, coupons under the ration scheme of 2006 were found in large number. Prosecution was lodged against him and others under Section 7 of the Essential Commodities Act on the ground that such coupons were of the customers, who were beguiled into surrendering the same to the dealer so that further consignments could be lifted from the Government agency.

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Learned counsel for the petitioner submits that such an allegation is on a very far-fetched inference. Only on deposit of coupons by the customers under the scheme, they get ration from the P.D.S. dealers. The coupons are supposed to be deposited as a proof of the fact that such commodities have been handed over to the customers. It is only on the deposit of such coupons, later, by

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Patna High Court Cr.Misc. No.15067 of 2013 (4) dt.13-11-2014

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the P.D.S. dealers, that they become entitled for further lifting of food grains or other controlled commodities. Merely because certain number of coupons were found in the business premises of the petitioner that would not be sufficient to saddle the petitioner with any offence, much less under Section 7 of the Essential Commodities Act. During course of the investigation, some of the customers have made categorical statement that for the sake of convenience they had deposited their coupons with such P.D.S. dealers so that there is timely supply of controlled items to them.

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Since the prosecution is solely based on the recovery of coupons, which should have been in the possession of a customer and the fact that the customers have made no grievances against the P.D.S. dealers, including the petitioner, the order taking cognizance, as against the petitioner, is, therefore, unsustainable in the eyes of law. The order taking cognizance dated 20.12.2012 passed by the learned Additional Chief Judicial Magistrate, Danapur in connection with the Bihta P.S. Case No.357 of 2011 is set aside.

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The application is allowed.

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(Ashutosh Kumar, J)

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Pawan/U T

Ram Nath Singh v. The State Of Bihar

Case brief

What is this about?

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Ram Nath Singh v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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