TaxTMI 
TaxTMI 
2022 (9) TMI 1676
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....dities Act, 1955, now pending before the court of learned Chief Judicial Magistrate, Berhampore, Murshidabad, the present petitioner has preferred this application under Section 482 of the Code of Criminal Procedure. 2. A suo motu complain was lodged by ASI, Baharampur police station on 24.6.2018 and the allegation levelled in the said complain inter alia states that on 24.6.2018, the opposite party no. 2 along with other police personnel were performing mobile duty on NH-34, when at about 15.15 hours, he received information from source that some trucks loaded with PDS rice were coming from Banjotia FCI Godown for selling rice at local market at a higher price. It is further mentioned in the complaint that on reaching the said spot the ....
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.... the aforesaid allegation it is clear that the offence alleged have no manner of application against the petitioner herein as it does not disclose the ingredients of the alleged offence. He further submits that the allegation that the alleged trucks containing 1140 sacks of rice were allegedly being illegally taken by the petitioner from FCI Godown of Banjotia to Ganga Rice Mill are false because the said consignment of rice was actually been transported from FCI Godown to the warehouses of the petitioner herein, which is situated at Domkol, as per regular course of business. This is also substantiated from the truck challans given from the CWC warehouses for nine other trucks which transported rice for the same warehouses on the alleged da....
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....it becomes amply clear that there is no iota of allegation against the petitioner herein is concerned. Learned counsel for petitioner further submits that the allegations even if taken to be true, do not make out any cause of action giving rise to initiation of an investigation. Even if the prosecution story is accepted to be gospel truth, then also placement of fact singularly lacks either of the ingredients of the offence alleged. 7. Accordingly, the petitioner has prayed for quashing the entire proceeding. The petitioner in support of his contention has drawn the attention of this court in respect of the truck challans issued by the Government of West Bengal, food supplies department dated 23.6.2018 the petitioner has also filed the d....
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....t of the petitioner whilst the article in question so removed. Accordingly any article moved with the consent of Government authority cannot constitute a cause of action for bringing a charge under Section 379 of the Indian Penal Code. 11. Similarly in order to bring home the guilt against a person under Section 411, prosecution must prove 1) that the stolen property was in possession of the accused 2) that some persons other than the accused was in possession of the property before the accused got possession thereof and 3) that the accused possess the property with the knowledge that the property is stolen and he got possession of the property dishonestly. Here also dishonest intention is the sine qua non of the offence under this secti....