- (1.) LEARNED counsel appearing for the State is permitted to make necessary correction. Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. This application has been filed for quashing of the entire criminal proceeding of Latehar P.S. case no.36 of 2010 including the order dated 12.8.2011 whereunder cognizance of the offence punishable under Section 7 of the Essential Commodities Act has been taken against the petitioner. It is the case of the prosecution that when a raid was laid in the house of one Bablu Pandey, certain bags of wheat were found stacked over there. At the same place, certain empty bags having marking of F..C.I were also lying and therefore, it was suspected that the wheat had been procured through illegal means.
(2.) IT is also the case of the prosecution that it could be known to the informant that the said article had been kept by the petitioner after procuring it from P.D.S dealer, who used to supply food grains to the Divisional Jail, Latehar. On such allegation, a case was registered as Latehar P.S case no.36 of 2010 under Section 7 of the Essential Commodities Act. The matter was taken up for investigation. After completion of investigation, charge sheet was submitted, upon which cognizance was taken on 12.8.2011 against the petitioner under Section 7 of the Essential Commodities Act which order is under challenge. Mr.Nilesh Kumar, learned counsel appearing for the petitioner submits that simply for the reason that empty bags having marking of F.C.I were lying over the same place where wheat had been stacked, suspicion was raised that same has been procured from the P.D.S dealer but during investigation, the Investigating Officer could not brought on the record as to from which P.D.S dealer the wheat had been procured and moreover, even if the entire allegation levelled against the petitioner is accepted to be true, no offence is made out under Section 7 of the Essential Commodities Act, as at the relevant point of time, no order relating to sale, purchase, transportation, storage etc. issued under Section 3 of the Essential Commodities Act was in vogue and thereby offence under Section 7 of the Essential Commodities Act never gets attracted. A counter affidavit has been filed wherein same fact has been reiterated that certain empty bags having marking of F.C.I were found near the place where wheat had been found stacked and it was disclosed by a Barbar of Jail and also by Bablu Pandey that the wheat had been stored by this petitioner who was supplying food grain to the Divisional Jail, Latehar and since certain bags having marking of F.C.I were lying over there, suspicion was raised that it had been brought from the P.D.S dealer.
(3.) ACCEPTING the entire allegation levelled against the petitioner to be true, the prosecution of the petitioner under Section 7 of the Essential Commodities Act seems to be bad as the petitioner has never been alleged to have violated any of the order issued under Section 3 of the Essential Commodities Act. Accordingly, the entire criminal proceeding of Latehar P.S. case no.36 of 2010 including order taking cognizance is hereby quashed. In the result, this application stands allowed.;