- (1.) This application under Section 482 of the Code of Criminal Procedure, 1973 is directed against the proceeding in E.C.G.R. Case No. 2 of 2010 pending before the Court of the learned Additional Chief Judicial Magistrate, Tufanganj arising out of Buxirhat Police Station Case No. 10 of 2010 dated 30.01.2010 under Section 7(1)(a)(ii) of the Essential Commodities Act.
(2.) On 31.01.2012 one Kalyan Ghosh, Sub-Divisional Controller (Food and Supplies) Cooch Behar lodged a complaint with Officer-in-Charge, Buxirhat Police Station resulting in the registration of Buxirhat Police Station Case No. 10 of 2010 dated 30.01.2010 under Section 7(1)(a)(ii) of the Essential Commodities Act.
(3.) The gist of the allegations in the first information report are as follows : On 30.01.2010 at 10 hours a raid was conducted at Joraimore, P.S. Buxirhat when it was found that a truck bearing No. AS-17/8636 was proceeding with 160 quintals of rice in 322 bags as per Cash Memo/Chalan No. 148 dated 29.01.2010 of Ribi Enterprise, Village and Post Office Pakuahat, Police Station Bamangola, District Malda, the said truck was proceeding without any release certificate in terms of the West Bengal Rice Mills and Wholesalers (Control and Levy) Order, 2009 (hereinafter referred to as the Control Order), it was alleged that for violation of the aforesaid Control Order the truck and the consignment were seized and the first information report was registered against the consignor i.e. the petitioner herein and the driver of the said vehicle. Pursuant to investigation, it appears that a charge-sheet being No. 36/2010 dated 30.03.2010 was filed against the petitioner and other accused persons for commission of offence punishable under Section 7(1)(a)(ii) of the Essential Commodities Act and by impugned order dated 12.05.2010 the learned Additional Chief Judicial Magistrate took cognizance of the alleged offence against the petitioner and other accused persons.;