- (1.) Heard the parties.
(2.) By filing this application the petitioner has prayed for quashing of the First Information Report of Daltonganj Sadar (Town) P.S. Case No. 29/2003, which are registered under sections 406, 420, 467, 468, 471 and 120-B of the Indian Penal Code and also for quashing of the charge-sheet dated 31-3-2003 filed by the Police after completion of investigation.
(3.) The learned counsel for the petitioner has mainly submitted that the search and seizure made by the police in the present case is illegal as the same was done by the Sub-Inspector of Police though as per Clause IV of the Motor Spirit and High Speed'Diesel (Regulation of Supply and Distribution and Prevention of Mal practices)Order, 1998 the power of search and seizure has only been given to a Gazetted Officer of the Central or State Government or any Police Officer not below the rank of Dy. Superintendent of Police duly authorized by the general of special order by the Central Government or the State Government as the case may be and, therefore, the F.I.R., which has been registered on the basis of the said search and seizure made by the Sub-Inspector of Police is liable to be quashed.;