PATNA, India, June 10 -- Patna High Court issued the following judgment on May 11:

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks quashing of the order of cognizance dated 13.09.2018 passed by the learned Sub-Divisional Judicial Magistrate, Bhagalpur, in connection with Jagdishpur P.S. Case No. 37 of 2016, whereby cognizance was taken of offences punishable under Sections 406, 409, 420 and 120-B of the Indian Penal Code.

3. The prosecution case, as disclosed in the First Information Report and the charge-sheet, is as follows. On 03.02.2016, on the basis of secret information received, two trucks bearing registration numbers BR-10G-1884 and DL-1GA-6303 were intercepted near Baijani Petrol Pump on the BhagalpurBounsi Road. Upon verification, the wheat bags loaded on the trucks were found to be marked "Govt. of Punjab, Crop Year 2015- 2016" and bore machine stitching that had been replaced with hand stitching, suggesting tampering. A total of 822 bags of wheat weighing approximately 405 quintals were recovered. The seized wheat was handed over on zimmanama while the trucks were retained in police custody. The informant suspected the wheat to be subsidised government food grain intended for distribution under the Public Distribution System. Since the truck drivers fled the scene and no valid documents were produced, the contractor Raman Kumar Singh, the petitioner herein, and one Subodh Gupta were alleged to be involved in the illegal transportation and black marketing of the said food grains.

4. It is submitted on behalf of the petitioner that he was engaged as a Transport-cum-Handling Agent of the Bihar State Food and Civil Supplies Corporation, Bhagalpur, and that his role was strictly confined to the transportation of food grains from the railhead to the godowns of the Corporation. It is further submitted that the food grains in question were released in favour of one Alok Kumar by order dated 11.05.2016 (Annexure P/5 at page 54 of the paper book) passed in C.W.J.C. No. 7802 of 2016 (Alok Kumar and others v. The State of Bihar and others). It is also submitted that the learned District and Sessions Judge, Bhagalpur, by order dated 17.11.2025 (Annexure P/9 of the Supplementary Affidavit), set aside the order of confiscation of Truck No. 84/2015-16 passed in Criminal Appeal No. 59 of 2017 (Raman Kumar Singh v. The State of Bihar and others).

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/NiMyMDQyNSMyMDIzIzEjTg==-Gu0GD8uD9mc=)

Disclaimer: Curated by HT Syndication.