IN RE: BINODE KUMAR LADDHA Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
In Re: Binode Kumar Laddha
STATE OF WEST BENGAL
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NURE ALAM CHOWDHURY, J. -
(1.)THIS application under section 482 of the Code of Criminal Procedure is directed for quashing of the F.I.R. lodged by one Tarapada Ghosh, Inspector D.E.B..Nadia registered as Kotwali P.S. Case No. 297/95 dated 17.10.95 under Sections 7(1) (a) (ii) of the Pulses, Edible Oil Seed and Edible Oils (Dealers Licensing) Order, 1978, on seizure of a lorry WMK 5071, carrying 130 bags of linseed, each bag containing 90 kgs. with total weight of 117 quintals with relevant documents such as Challans, Credit Memo etc. being despatched to the consignee Prabhu Udyog, 1/1, Tarpan Ghat Road, Tollygunj Calcutta -53 by the consignee Seeta Ram Ladda & Sons as well as the investigation pursuant to the said FIR and for release of the seized articles.
(2.)APPEARING on behalf of the petitioner Mr. Debal Banerjee learned Counsel submitted that the petitioner carries on business under the name and style of Seeta Ram Laddha and Sons, which is a sole proprietorship concern of the petitioner at Dalkhola in the district of Uttar Dinajpur, in the State of West Bengal and is a dealer of non -edible seeds, particularly linseeds, the oil content whereof is an item of industrial use and linseed has not been declared as an Essential Commodity under the Essential Commodities Act, 1955 either by the Central Government or the Government of West Bengal.
(3.)MR . Banerjee, drew the attention of the Court to the aforesaid FIR and submitted that the FIR is absolutely misconceived and discloses no offence as sought to be established in the FIR. Mr. Banerjee further submitted that the definition of "Essential Commodity" as defined in section 2(a) of the said Act, clearly indicate that "Linseed" cannot be an "Essential Commodity" as envisaged under the said Act.
Mr. Banerrjee also submitted that the Central Government by notification dated 24th February, 1983, declared some seeds as "Essential Commodity" but "Linseed" has not been included as "Essential Commodity" in that notification also and accordingly the FIR as well as the investigation is absolutely misconceived and an abuse of the process of law and is liable to be quashed in the interest of justice and for saving the petitioner from unnecessary harassment.
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