SURYA KUMAR TIWARI, J. - (1.) THIS is an application filed by the petitioner above named challenging the impugned charge-sheet filed by the police as also to challenge of imitation of the ease by the police under the Essential Commodities Act. The petitioner also prayed for quashing of the charge-sheet filed by the police and also for quashing the First Information Report being Monteswar Police Station Case No. 53(6)93 under section 7(1)(a)(ii) of the Essential Commodities Act, 1955.
(2.) THAT the case of the petitioner as stated in the First Information Report as well as filed by the charge-sheet, that on 26.6.93 acting on a secret information regarding the clandestine business of Mustard seed and Mustard oil of the oil mill of the petitioner Joydeb Gorari of Maldanga, a D.E.B. raid was held by S.I. of Police (D.E.B.) who found that the owner of the said Mill Joydeb Gorai was present there whom a notice under the Act was served to produce the Stock Book, Rate Board, Cash Memo Book and other relevant papers for carrying such Mill. But the said owner of the Mill failed to produce the documents relating to the business. As such the said D.E.B. Officer arrested the accused-petitioner and on the basis of the written complaint of the said Sub Inspector the officer-charge, Monteswar Police Station had started the case and investigate the matter and after investigation filed a charge-sheet against the petitioner. That the learned lawyer for the petitioner by his arguments challenged the procedure of the arrest and also challenged the investigation of the case. It is the submission of the learned lawyer for the petitioner that the procedure as laid down in the Act was not followed by the arresting authority and in support of his submissions he has cited that under the Amendment Act, 1993 of the Essential Commodities Act under section 10AA Power of Arrest, where it clearly speaks that Notwithstanding anything contained in the Code of Criminal Procedure, 1973 no officer below the rank of an officer-in-charge of a police station or any police officer authorised by him in writing shall arrest any person accused of committing an offence punishable under the Act. 3. The learned lawyer appearing for the State has submitted that before this amendment the instant case has been started as such the submission made by the learned lawyer for the petitioner is not maintainable. It is also submitted by the learned lawyer for the State that when the charge-sheet has been filed the accused-petitioner must face the trial for the ends of Justice.
(3.) THAT after hearing both the parties I accept the contention and submissions made by the learned lawyer for the petitioner and I am of the opinion that as per the Essential Commodities Act, (special provision) 1993 the only officer- in-charge of a police station or any officer duly authorised by him on written can arrest any accused person committing an offence under the Essential Commodities Act.;