KAMALA RANJAN DEY Vs. STATE

JUDGEMENT

(1.) -This revisional application Is (or quashing the proceeding being C.S.G.R. Case No. 1074/7a under section 7(1)(a) (ii) of the Essential Commodities Act, 1955, pending in the Court of the sub-Divisional Judicial Magistrate, Rampurhat, including the charge framed against the petitioner by order dated 18.8.1980. The prosecution case was that on 4.11.78 Sri N.L. Sharma Sub-Inspector of Police attached to the District Enforcement Branch, visited the fertiliser shop of the petitioner and found on physical verification that the actual stock of fertilizers was short of or less than the book balance. As a result, he seized the stock of fertilizers and the books of accounts and filed a case which was registered at Mayureswar P.S. Thereafter he investigated the case and submitted charge-sheet against the petitioner.

(2.) The learned Magistrate took cognizance of the offence on the said charge-sheet and ultimately after considering the materials filed along with the charge sheet, framed the charge under section 7(1)(a)(ii) of the Essential Commodities Act, 1955 against the petitioner

(3.) It Is submitted by the learned Advocate appearing for the petitioner that as Sri N.L. Sharma, Sub Inspector of Police attached to the District Enforcement Branch, who Investigated the case was not (sic) Inspector within the meaning of paragraph 19 of the Fertiliser (Control) Order, 1957, he bad no authority to Inspect the fertiliser shop of the petitioner or seize the fertiliser which was stocked there and thus was also not competent to investigate the case and submit charge sheet, and as the entire proceeding, taken in Investigating the alleged offence, resulting in submission of charge-sheet, was illegal and void ab initio , Sri Sharma having no authority to function as Inspector within the meaning of Paragraph 19 of the Fertiliser (Control) Order, 1957, the charge-sheet which was filed before the learned Magistrate as a result of such investigation, was illegal and the learned Magistrate could not validly take cognisance of the alleged offence in the basis thereof