R.R.PRASAD,J. - (1.) THIS application has been filed for quashing of the FIR of Bagodar P.S. - Case No. 190 of 2012 registered under Section 7 of the Essential Commodities Act for contravening the terms and conditions of the licence issued under Bihar Trade Articles (Licences Unification) Order, 1984.
(2.) IT is the case of the prosecution that when business premises of this petitioner, was inspected by the Sub -divisional Officer, Giridih on 19.11.2011 complaints were made by the card -holders that the commodities are being distributed in most irregular manner and that commodities are being given in less quantity still excess price is charged: - On such allegation. FIR was lodged by Block Supply Officer, Giridih which was registered as Bagodar P.S. Case No. 190 of 2012. Mr. R. Krishna, learned counsel appearing for the petitioner submits that on account of alleged violation the provision as contained in Sections 5(1), 5(2) and 6(4) of Public Distribution System (Control) Order case has been lodged but accepting the entire allegation to be true, none of the alleged offences gets attracted as Clause 5(1) of the Public Distribution System (Control) Order, never concerns with the distribution of the commodities by the PDS Dealer whereas Clause 5(2) is not in existence and so far contravention of clause 6(4) of the said order is concerned, that is with respect to diversion of commodities while taking it from the Central go down to fair price shop which is never the case of the prosecution.
(3.) LEARNED counsel appearing for the petitioner submits that the Central Government repealed all the control orders applicable to PDS Dealer with effect from 31.8.2001 when Central Government promulgated Public Distribution System (Control) Order. 2001 whereby Annexe 6 to the Public Distribution System Order does prescribe that the State Governments are to issue an order under Section 3 of the Essential Commodities Act regulating sale and distribution of the commodities relating to Public Distribution System but the State Government of Jharkhand has not issued any such order under Section 3 of the Public Distribution System (Control) Order, 2001 and thereby the PDS Dealers who even indulge themselves with the illegality and irregularity in the matter of distribution of essential commodities to the beneficiaries of the scheme cannot be prosecuted. Thus, prosecution against the petitioner gets vitiated.;