MANIKANT Vs. STATE

JUDGEMENT

(1.) The police have filed the charge sheet for the offences punishable under Ss. 3 and 7 of the Essential Commodities Act, 1955 and Sec. 34 of IPC alleging that, the accused No.2 is the owner of the subject lorry, in which, the rice meant for distribution under public distribution system was transported unauthorisedly. The learned Magistrate took the cognizance of the aforesaid offence and issued summons. Taking exception to the same, the accused No.4 is before this Court.

(2.) The learned counsel for the petitioner submits that, in the absence of any material that, the rice was meant for distribution under the public distribution system, the cognizance taken by the learned Magistrate is without any substance.

(3.) The learned High Court Government Pleader for the respondent - State submits that, the charge sheet material clearly discloses that, the accused transported the rice meant for distribution under public distribution system unauthorizedly. Hence, the cognizance taken by the learned Magistrate does not warrant any interference.