NAND KUMAR & ANOTHER Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of this petition, prayer has been made to quash the order of cognizance dated 28.5.2005, passed by the Additional Chief Judicial Magistrate, Roorkee in Case No. 80/2005, State v. Gaje Singh & Another, whereby the accused applicants have been summoned to stand trial for the offence under Section 3/7 of the Essential Commodities Act. The said cognizance order was passed upon the chargesheet submitted by the police on the First Information Report dated 27.8.2004 lodged by Surendra Singh Negi, Supply Inspector, Roorkee against the accused applicants.

(2.) Facts, in brief, are that on 27.8.2004, SubDivisional Magistrate, Roorkee got information that illegal trade of kerosene oil is being run in a premise located within Khasra no. 92 in village Matlabpur, Roorkee. SubDivisional Magistrate, accordingly, directed to the District Supply Officer, Haridwar for necessary action in the matter, who along with S.C. Joshi, Regional Food Inspector, NR Singhal, Supply Inspector and Yogendra Singh, Inspector In-charge, PS Gangnahar, raided the spot. Two underground tanks containing light bluish coloured kerosene oil were found on the spot. Nand Kumar, the 2 representative of the firm, could not show any stock register or cash memo/invoices certifying the stock of said kerosene oil in the tanks. The sample was taken and sent for chemical analysis. Chemical laboratory after analysis found the liquid to be the kerosene oil.

(3.) After investigation, police submitted the chargesheet against the accused applicants, namely, Gaje Singh, owner of the firm and Nand Kumar, representative servant of Gaje Singh. After submission of the chargesheet, impugned order of cognizance has been passed asking the accused applicants to stand trial for the offence stated above.