SANAT KUMAR DAS & ANR. Vs. STATE

JUDGEMENT

(1.) This revisional application is directed against the order dated May 27, 1984 passed by the learned Judge, Special Court, rejecting the contention of the accused that the proceeding initiated under the Essential Commodities Act for violation of the provisions of Para 21 of the Fertiliser (Control) Order, 1957 is a nullity. The only contention which has been urged in support of this rule is that since the case was initiated by a Sub -Inspector attached to the District Enforcement Office, he proceedings are void The contention is that only Sub -Inspectors or Officers above the rank of Sub -Inspector attached to the Enforcement Branch could initiate proceedings for the purpose of the Fertiliser (Control) Order, 1957. In support of this contention, the learned counsel for the petitioners has relied on the Division Bench decision in Kamala Ranjan Dey v/s. The State, reported in : 86 CWN 917. In that case the same contention was raised. The contention which has been raised in that case is :

(2.) The Division Bench held as follows:

(3.) It would appear that the Division Bench has, as a matter of fact, approved the reasoning and conclusion of the learned single Judge in Bimal Ranjan Roy & Anr. v/s. State of West Bengal reported in, 1978(2) CLJ 300. There also the following contention was raised: