Prashant Kumar, J. - (1.) This application has been filed for quashing the entire criminal proceeding including the F.I.R. pertaining to Dhurwa (Tipudana) P.S. Case No. 39 of 2010 dated 27.2.2010 (G.R. Case No. 893 of 2010) instituted under Sec. 414 of the I.P.C. and Sec. 7 of the Essential Commodities Act. It appears that the informant, who is a Marketing Officer of Ranchi Sub Division, has conducted a search and seizure in the godown of petitioner on 26.2.2010 and found 102 bags of wheat and 600 bags of broken rice. It is alleged that the said food -grains have been purchased from different PDS shop dealers for the purpose of black -marketing. Accordingly, the present case has been instituted.
(2.) It is submitted by Sri Nilesh Kumar, learned counsel for the petitioner that as per Clause -10 of the Public Distribution System (Control) Order, 2001 only an authorized authority can carry out search and seizure in the business premises of a dealer. In the instant case, the Marketing Officer has not been authorized in the year 2010 to conduct search and seizure, therefore, the aforesaid search and seizure is illegal. It is submitted that the Government of Jharkhand has issued aforesaid notification on 18th September, 2013, which itself shows that on the date of search and seizure the Marketing Officer was not authorized for conducting search and seizure.
(3.) J.C. to G.P. -III has not disputed the aforesaid submission.;