Patna High Court
Surjeet Singh vs The State Of Bihar on 8 August, 2017
Author: Rajendra Kumar Mishra
Bench: Rajendra Kumar Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53068 of 2013
Arising Out of PS.Case No. -19 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR District-
PATNA
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Binod Kumar, proprietor of M/S R.K. Avenue, Nawal Kishore Road, P.S..
Kadamkuan District-Patna, S/O- Late Jagdeo Singh, R/O Khas Mahal, Road No. 4,
Chiraiya Tand, P.S.- Jakkanpur, District- Patna.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
with
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Criminal Miscellaneous No. 12146 of 2014
Arising Out of PS.Case No. -19 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR District-
PATNA
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Surjeet Singh, Son of Ishwar Singh, resident of Bariyatu Housing Colony, P.S.
Bariyatu, District- Ranchi (Jharkhand).
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
===========================================================
Appearance :
(In Cr.Misc. No.53068 of 2013)
For the Petitioner/s : Mr. Anil Kumar Sinha, Advocate.
Mr. Amlesh Kumar Verma, Advocate.
Akash Keshav, Advocate.
For the E.O.U. Mr. V.N.P. Sinha, Sr. Advocate.
Ms. Soni Srivastava, Advcoate.
For the State Mr. Sanjay Kumar Sharma, APP
Mr. Dashrath Mehta, APP.
(In Cr.Misc. No.12146 of 2014)
For the Petitioner/s : Mr. Sanjeev Ranjan, Advocate
Mr. Manoj Kumar Pandey, Advocate.
For the E.O.U. Mr. V.N.P. Sinha, Sr. Advocate.
Ms. Soni Srivastava, Advcoate.
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL JUDGMENT
Date: 08-08-2017
Heard learned counsel for the petitioners, learned
Patna High Court Cr.Misc. No.53068 of 2013 dt.08-08-2017
2
counsel for the Economic Offence Unit and the learned A.P.P. for the
State.
2. Criminal Misc. No. 53068 of 2013 filed on behalf
of Binod Kumar, proprietor of M/S R.K. Avenue, Nawal Kishore
Road, Patna is directed to quash the order dated 11.04.2013 taking
the cognizance of the offence under Section 7 of the Essential
Commodities Act against him and Jawahar Lal and Criminal Misc.
No. 12146 of 2014 filed on behalf of petitioner, Surjeet Singh, is
directed to quash the order dated 01.02.2014 taking the cognizance
of offence under Sections 467, 468, 471, 483, 420, 201 and 120B of
the Indian Penal Code and Section 7 of the Essential Commodities
Act against him and Shashank Suman in Special Case No. 20 of
2012 arising out of Economic Offence Case No. 19 of 2012 after
submitting the charge sheet and supplementary charge sheet no. 33
of 2013. Therefore, both applications are heard together and are
being disposed of by common order.
3. The facts leading to both applications is that, in
the night of 09/10.10.2012, the Dy. S.P. Economic Offences Unit
(Informant) received secret information about transporting of empty
duplicate gas cylinders to the premises of M/S R.K. Avenue Indane,
Transport Nagar, Patna. Thereafter, on the instruction of Senior
Officials, a team was constituted in his leadership and the team
Patna High Court Cr.Misc. No.53068 of 2013 dt.08-08-2017
3
reached at M/S R. K. Avenue Indane, Patna. After sometime, a truck
bearing registration no. JH-01AE-7147 reached there and labourers,
who were present there, started to unload the gas cylinders'. The
persons, who were engaged in unloading the gas cylinders', on query
disclosed their names as Praveen Kumar, Jayant Kumar Pandey and
Dinesh Sore. Praveen Kumar, driver of the truck, disclosed that the
said truck is of Ginni Industries, Tati Silvey, Ranchi, belonging to
Surjeet Singh (petitioner of Criminal Misc. No. 12146) and the Ginni
Industries, Tati Silvey, Ranchi is engaged for making the L.P.G. gas
cylinder and to supply the same to Indian Oil Corporation, Gamharia
Plant, Jamshedpur. On the instruction of Surjeet Singh, the empty
gas cylinders were loaded at Ranchi for Gamahariya Plant,
Jamshedpur on 30.10.2012. On unloading the gas cylinders, 450
empty gas cylinders were also loaded at Gamharia Plant, Jamshedpur
on the instruction of Surjeet Singh for unloading the same at M/S
R.K. Avenue Indane, Patna. He also disclosed that Jawahar Lal,
proprietor of Maa Jagdambey (B.P.) Private Ltd. and Binod Kumar,
proprietor of M/S R.K. Avenue are partners and both have business
contract with Surjeet Singh. Jayant Kumar Pandey, Store Keeper of
M/S R.K. Avenue also disclosed that work of agency is being done
by Sumon @ Vickey, son of proprietor Jawahar Lal. Thereafter, 450
empty LPG cylinders were seized from the truck as well as from the
Patna High Court Cr.Misc. No.53068 of 2013 dt.08-08-2017
4
premises of M/S R.K. Avenue, Indan, Patna.
4. On investigation, the Investigating Officer
submitted the charge sheet against Jawahar Lal, Binod Kuamar
(petitioner in Criminal Misc. No. 53068 of 2013) and Praveen Kumar
continuing the investigation against rest accused. Thereafter, the
learned Sub-Divisional Judicial Magistrate, Patna, took the
cognizance of the offence under Section 7 of the Essential
Commodities Act against Jawahar Lal, Binod Kumar (petitioner of
Criminal Misc. No. 53068 of 2013) and Praveen. Later on, a
supplementary charge sheet no. 33 of 2013 was also submitted under
Sections 467, 468, 471, 483, 420, 201 and 120B of the Indian Penal
Code and Section 7 of the Essential Commodities Act against Surjeet
Singh (petitioner of Criminal Misc. No. 12146 of 2014), proprietor
of Ginni Industries and the owner of the seized truck and one
Sashank Suman. On submission of supplementary charge sheet no.
33 of 2013, the learned Sub-Divisional Judicial Magistrate, Patna,
took the cognizance of the offences under Sections 467, 468, 471,
483, 420, 201 and 120B of the Indian Penal Code and Section 7 of
the Essential Commodities Act also against Surjeet Singh (petitioner
of Criminal Misc. No. 12146 of 2014) and Sashank Suman on
01.02.2014.
5. Learned counsel for the petitioner, Binod Kumar, Patna High Court Cr.Misc. No.53068 of 2013 dt.08-08-2017 5 proprietor of M/S R.K. Avenue, submits that the seized empty gas cylinders, in course of investigation, were found genuine and the Indian Oil Corporation claimed that the seized empty gas cylinders belong to the Indian Oil Corporation, as such, no offence under Section 7 of the Essential Commodities Act, is made out against Binod Kumar, proprietor of M/S R.K. Avenue (petitioner of Criminal Misc. No. 53068 of 2013). Further submission is that, co- accused, Jawahar Lal, proprietor of Maa Jagdambey (B.P.) Private Ltd. had preferred the Criminal Misc. No. 46568 of 2013, under Section 482 of the Cr.P.C., before this Court to quash the cognizance order dated 11.04.2013 and the same was allowed vide order dated 14.08.2014.
Learned counsel for the petitioner, Surjeet Singh, submits that in fact, Surjeet Singh (petitioner of Criminal Misc. No. 12146 of 2014) is the proprietor of Ginni Industry, who is authorized by the Petroleum and Explosives Safety Organization, Government of India, for making of L.P.G. gas cylinders and supply the same to the Indian Oil Corporation, which would appear from annexure 3 to the application of Criminal Misc. No. 12146 of 2014, as such, recovery of the empty cylinder as detailed in paragraph 102 to the campus of Ginni Industry is not unnatural and no material has been collected by the Investigating Officer to show that seized cylinders Patna High Court Cr.Misc. No.53068 of 2013 dt.08-08-2017 6 were duplicate.
6. Learned counsel appearing on behalf of Economic Office Unit submits that while 450 empty cylinders as seized to the truck situated in the campus of R.K. Avenue, Patna, were found genuine and the Indian Oil Corporation claimed the same but some empty cylinders were also recovered to the premises of the Ginni Industries Tati Silwai, Ranchi, belonging to Surjeet Singh (petitioner of Criminal Misc. No. 12140 of 2014).
7. Admittedly, 450 empty gas cylinders as seized to the truck and go-down of Binod Kumar, proprietor of M/S R.K. Avenue, were found genuine and the Indian Oil Corporation claimed the same in course of investigation and M/S Ginni Industries, belonging to the petitioner, Surjeet Singh, is authorized to make the gas cylinder and supply to the Indian Oil Corporation as appears to Annexure 3 to the application. As such, the cognizance orders 11.04.2013 and 01.02.2014 passed in Special Case No. 20 of 2012 arising out of Economic Offence P.S. Case No. 19 of 2012 appears to be abused of the process of the Court and liable to be quashed.
8. In the result, the cognizance order dated 11.04.2013 in respect to accused petitioner, Vinod Kumar of Criminal Misc. No. 53068 of 2013 and cognizance order dated 01.02.2014 in respect to petitioner Surjeet Singh of Criminal Misc. Patna High Court Cr.Misc. No.53068 of 2013 dt.08-08-2017 7 No. 12146 of 2014 passed in Special Case No. 20 of 2012 arising out of Economic Offence P.S. Case No. 19 of 2012 are hereby quashed and both applications are allowed.
(Rajendra Kumar Mishra, J) Bhardwaj/-
AFR/NAFR CAV DATE Uploading Date 22.08.2017 Transmission 22.08.2017 Date