RAJESH KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision is directed against the order dtd. 14/12/2015, passed by learned Addl. Chief Judicial Magistrate, Roorkee, District Haridwar, in Criminal case no. 1550 of 2014 (old no. 2699 of 2012), State vs Rajesh Kumar, whereby the application moved by the revisionist under Sec. 239 of Cr.P.C. was rejected by the said court and charge in respect of the offence punishable under Sec. 3/7 of the Essential Commodities Act has been framed against the revisionist.

(2.) Prosecution story, in brief, is that complainant / respondent no. 2 lodged an FIR against the revisionist on 5/5/2009, at 14:00 P.M., at police Station, Bhagwanpur, District Haridwar, stating therein, that he received information from an informer that illegal business of selling diesel is going on in village Hallumajra. On this information, complainant along with police personnel reached Village Hallumajra on 5/5/2009, at 06:10 A.M., at the residence of the revisionist and conducted raid at 09:30 A.M., in the presence of Supply Inspector, Roorkee. On raid being conducted, 20 drums of 200 liters each filled with diesel oil, 20 empty drums, measuring articles and pump were recovered. It is alleged, that the revisionist failed to show any license for storing and selling the diesel oil. The raiding party seized all the incriminating articles and prepared memo in this regard on the spot.

(3.) On the basis of alleged recovery memo, case crime no. 88 of 2009, under Sec. 3/7 of Essential Commodities Act (for brevity hereinafter referred as the Act) was registered against the revisionist at P.S. Bhagwanpur, District Haridwar. After completion of investigation, the Investigating Officer filed charge sheet against the revisionist for the selfsame offence. Learned Magistrate took cognizance against the revisionist in respect of selfsame offence, vide impugned order dtd. 6/6/2012.