- (1.) THIS application has' been filed for quashing of the order dated 8.12.2011 passed in connection with T. Tangar P.S. case No. 45 of 2011 whereby and whereunder cognizance of the offence has been taken under Section 7 of the Essential Commodities Act against the petitioner.
(2.) IT is the case of the prosecution that Up -Mukhia and other villagers when made a search in the house of Lajrus Xess, they found 12 bags of rice stored over there. They informed Block Supply Officer, who came over three to whom it was disclosed that this petitioner, a PDS Dealer had kept rice in the house of Lajrus Xess. Thereafter, he effected search and seizure. On such allegation, FIR was lodged which was registered as T. Tangar P.S. Case No. 45 of 2011 under Section 7 of the Essential Commodities Act. After investigation charge -sheet was submitted, upon which cognizance was taken, vide order dated 8.12.2011 under Section 7 of the Essential Commodities Act which is under challenge.
(3.) THE order taking cognizance is being sought to be quashed on the ground that the Block Supply Officer, who made search and seizure upon which a case was lodged, had never been authorized to make search and seizure in terms of Clause 10 of the Public Distribution System (Control) Order. 2001.;