STATE OF KARNATAKA Vs. APPAIAH LAXMINARAYANA

JUDGEMENT

(1.) This revision is by the state. It is directed against the order dated 21-7-1983 of the JMFC, Chintamani in C C. 337 & 338/81 on his file. By that order he has discharged the respondent who was the accused in the case.

(2.) The court below had initiated the said proceeding against the respondent on the report (charge sheet) laid by the Chintamani Police against him with the allegation that in his dealings in edible oil seeds he had violated the provisions of the Karnataka Edible Oil- Seeds Dealers Licensing Order, 1977 (the order) and thereby had committed an offence punishable under S 7 of the Essential Commodities Act, 1955 (E.G. Act).

(3.) The court below has discharged the accused mainly on two grounds. The first ground is that the police had no powers to investigate into any alleged offence under the Act at all and that power is only vested in the officers authorised by the State Government under clause 17 of the Order. The second ground is, that even otherwise, in the matter of the search and seizure of the essential commodity in question, the C.P C. had not complied with Sec. 165 and the other relevant provisions of the Cr P.C., and therefore the investigation was vitiated and consequently the very proceeding was vitiated.