- (1.) THE present petitioner Bibek Karan has been arraigned as an accused in connection with Contai Police Station Case No. 212/07 relating to the offence punishable under Section 7 (1) (a) (ii) of the Essential commodities Act, on the basis of a suo motu FIR lodged by one Inspector, food and Supply, Contai - I.
(2.) THE police after completion of investigation submitted charge-sheet against the petitioner for the self-same offence. Now invoking Section 482 of the Code of Criminal Procedure the petitioner moved this Court for quashing of the said charge-sheet.
(3.) MR. Girija Ranjan Saha, the learned Advocate, appearing on behalf of the petitioner prayed for quashing of the charge-sheet on the following grounds: - (a) An offence punishable under Section 7 (1) (a) (ii) of the essential Commodities Act can said to have been committed when any provision of any Control Order made under Section 3 of the said Act is violated. (b) In the impugned charge-sheet under Section 7 (1) (a) (ii) of the Essential Commodities Act nothing has been mentioned which particular Control Order has been violated. (c) The evidentiary material collected during the investigation and the allegations made in the FIR at its face value do not make out commission of the alleged offence. (d) The West Bengal Wheat (Storage by Wholesaler and retailer) Control Order, 1977 being repealed by virtue of a gazette notification issued on December 22, 2003 there is no restriction as far as the storage of wheat is concerned. Neither any license nor any authority is required for storing wheat. ;