S MAHENDRAN Vs. STATE

JUDGEMENT

(1.) THE petitioner has been arrayed as A-1 out of two accused and he has come forward with this petition seeking for the relief of quashing the proceedings in C. C. No. 1945 of 2005 on the file of the District Munsif-cum-Judicial Magistrate, Ambattur for the alleged offence under section 7 of the Essential Commodities Act for contravention of Clause 14 of the Tamil Nadu Kerosene (Regulation of Trade) Order 1973.

(2.) MR. B. Kumar, learned senior counsel appearing for the petitioner mainly contended that for initiating the proceeding for the contravention of clause 14 of the Tamil Nadu Kerosene (Regulation of Trade) Order 1973 (hereinafter referred to as "order") and consequentially for the offence under section 7 of the Essential Commodities Act, there is specific provision under clause 25 of the order contemplating previous sanction for prosecution.

(3.) IT is contended by the learned senior counsel that in the instant case though the prosecution has obtained sanction, the same was not obtained from a competent authority as contemplated under clause 25 of the order.