GANESH PRASAD, JAY PRAKASH KUMAR, BALCHAND SAH Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-12-221
HIGH COURT OF JHARKHAND
Decided on December 09,2009

Ganesh Prasad, Jay Prakash Kumar, Balchand Sah Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) As the aforesaid three applications have arisen out of same Dhurwa P.S. case no.163 of 2009 and the issues are the same, they were heard together and are being disposed of by this common order.
(2.) In all the three applications, prayer has been made to quash the first information report of Dhurwa P.S. case no.163 of 2009 and also for direction to the respondents to release the articles seized from the shops of each of the petitioner.
(3.) The facts giving rise these applications are that on 28.8.2009 when the shops of these petitioners were raided, different commodities such as rice, pulses, flour, sugar, suji, maida were found stored in the shops of the petitioners which, according to prosecution, were excess than the stock limit fixed. At the same time stock of those commodities had also not been displayed at the display board outside of the shops. Accordingly, written report was submitted to Dhurwa Police Station, upon which a case was lodged as Dhurwa P.S. case no.163 of 2009 against all the three petitioners under Section 7 of the Essential Commodities Act (hereinafter referred to as "˜the Act "™) for contravention, though it has not been said in the first information report, of the order issued under Section 3 of the Act and also for contravention of the provision of the Jharkhand Essential Commodities (Price and Stock Display) Order, 1977.;


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