- (1.) TROUGH this writ application, First Information Report of Kotwali (Pandra) P.S. case No. 584 of 2009 (G.R. No. 3583 of 2009) instituted under Section 7 cf the Essential Commodities Act (hereinafter referred to as 'the Act') has been sought to be quashed. Further prayer is to release all the commodities seized in connection with the said case.
(2.) BEFORE adverting to the submissions made on behalf of the petitioner, facts giving rise this application are that on 27.8.2009, a team consisting of Sub -divisional Officer, Sadar, Ranchi, Supply Inspector and others laid raid on the shop No. 21, belonging to the petitioner situated in the premises of Agriculture Produce Market Committee, Pandra, whereby huge quantity of pulses in excess of stock limit and other commodities shown in the seizure list were found and, hence, a case was lodged for the contravention of the provisions of the Unification Order and purportedly also for contravention of the provisions of the Jharkhand Essential Commodities (Price and Stock Display) Order, 1977, though no allegation whatsoever is there in the First Information Report showing contravention of any of the provisions of the Display Order. Learned counsel appearing for the petitioner submitted that on the allegation of keeping huge quantity of food grains including pulses than the stock limit fixed under Notification No. 1645 dated 12.8.2009, a case has been registered for the contravention of the provision of the Unification Order and also the contravention of the Price Display Order, though there has been absolutely no allegation whatsoever showing contravention of any of the provisions of the Display Order and that too without having any sanction from the competent authority and as such, prosecution under Section 7 of the Essential Commodities Act for contravening the provision of the Essential Commodities (Price and Stock Display) Order gets vitiated.
(3.) IN this respect, learned counsel has referred to a decision rendered in a case of M/s. Mithila Cycle Centre V/s. State of Bihar, 1990(2) PLJR 184 and a case of Mali Ram Agarwal V/s. State of Bihar and others, 2001(1) East Cr C 24 (R.B).;