- (1.) BEFORE proceeding with the matter, the order which was recorded on 11.02.2014 needs to be reproduced which is hereunder: "Learned counsel appearing for the petitioner submits that upon search and seizure being effected by the Block Supply Inspector, a case has been registered against the petitioner being a dealer under the Public Distribution System, but on the day when the search and seizure was effected, the Block Supply Inspector had never been authorized by the State Government in terms of Clause 10 of the Public Distribution System (control) Order, 2001 and, therefore, any prosecution of the petitioner would be bad, in view of the ratio laid down in the case of Aloke Dutta vs. State of Jharkhand [2013 (2) East. Cr. C. 133 (Jhr.)]. As prayed for on behalf of the State, let this matter be listed on 4.3.2014 so that in the meantime, counter affidavit be filed. Let a copy of the order be handed over tot he learned counsel appearing for the State for needful". On the date fixed when the counter affidavit was not filed, again the case was adjourned by way of last indulgence with specific statement that if on the next date counter affidavit is not filed, the matter shall be decided on the basis of materials available on the record. In that view of the matter, the case is being disposed of."
(2.) IT is the case of the prosecution that this petitioner, a PDS Dealer had received rice in total 126.35 quintal for three months for distributing it among the beneficiaries under the scheme of BPL and Antodaya but number of card holders made complaint that they have not received rice and thus, it has been alleged that this petitioner having lifted 210.60 quintal of rice for distributing it did not distribute it among the beneficiaries and thereby he misappropriated it. On such allegation, a case was registered as Rajmahal P.S. Case no.451 of 2012 under Section 7 of the Essential Commodities Act. The matter was taken up for investigation. On completion of investigation, when the charge sheet was submitted, cognizance of the offence punishable under Section 7 of the Essential Commodities Act was taken, vide order dated 16.2.2013 which is under challenge.
(3.) THE ground upon which the order taking cognizance is being assailed has already been recorded under order dated 11.2.2014 mentioned above.;