Satyendra Narayan Singh vs The State of Bihar

S.N. Jha, J.—This application u/s 482 Cr.P.C. is directed against order dated 23.11.92 by which the Special Judge (E.C. Act cases), Patna, has taken cognizance for offence u/s 7 E.C. Act in Special Case No. 28/90. The petitioner is sought to be prosecuted as the stock of sugar was found short by 1.5 kgs. It has been submitted that as per the notification issued by the Central Government dated 9.2.88 minor variation in respect of single commodity upto 1.5% calculated on the basis of transaction of one month is to be condoned. From the facts stated in the prosecution report and the impugned order it appears that in the present case the variation was not more than 1.5% calculated on the basis of stock of that date without verifying whether the storage came within the permissible limit calculated on the basis of transactions for the whole month. In view of the fact that the case has been instituted for the alleged shortage of stock on the basis of single day''s stock and the quantity of shortage was 1.5 kg. only, I do not wish to go into that question. I am satisfied that the case of the petitioner is substantially covered by the aforesaid notification dated 9.2.88.

Another allegation against the petitioner is that he did not produce stock register. In my opinion, the thrust of the prosecution case is shortage of stock. That having been held to be not correct basis for launching prosecution, the petitioner should not be compelled to face the rigors of the prosecution on the basis of general allegation regarding non-production of stock register.

In the facts of the case, I am inclined to set aside the order taking cognizance dated 23.11.92 and quash the prosecution in Special Case No. 20/90. I order accordingly. The application is disposed of.