- (1.) HEARD the parties.
(2.) THIS application has been filed for quashing the order dated 24.9.2008 passed by learned Sub -Divisional Judicial Magistrate, Bermo at Tenughat in Nawadih P.S. Case NO.4 of 2008 (G.R. No. 49 of 2008) whereby and whereunder cognizance of the offence under Section 7 of the Essential Commodities Act has been filed against the petitioner. Learned counsel appearing for the petitioner submits that the petitioner, incharge Headmaster of Middle School, Telo, is being prosecuted under Section 7 of the Essential Commodities Act on the assumption that the petitioner, instead of taking 6 quintals of rice to school was taking it to other place for selling it in the blackmarket which allegation even if taken to be true it never constitute any offence under Section 7 of the E.C. Act and moreover, there has been no mentioning of contravention of the provision of any of the Control Order and as such, order taking cognizance is quite bad and is fit to be set aside.
(3.) I do find substance in the submission advanced on behalf of the petitioner. It appears that the case was lodged against the petitioner when this petitioner was taking 6 quintals of rice on an autorickshaw on the assumption that the rice was being taken to elsewhere than the school. I am at loss as to how the said allegation does constitute offence under Section 7 of the E.C. Act, moreover there has been no mentioning of contravention of any of the provision of the Control Order.;