VIJAI NARAIN DUBE Vs. STATE OF U.P.

JUDGEMENT

(1.) VIJAI Narain Dubey has directed this petition under Section 482 Code of Criminal Procedure for quashing of the investigation launched on the basis of first information report dated 20th March, 1985 on the basis of which crime case No. 99 of 1985 had been registered purporting to be for a charge under Section 3/7 of the Essential Commodities Act. P.S. Lalganj, District Pratapgarh.

(2.) THE Petitioner is running a brick -kiln. On the basis of some information on 20th March, 1.985 the Supply Inspector lodged a first information report under Section 3/7 of the Essential Commodities Act against the applicant alleging that there was no valid licence available in the premises with Triveni Prasad Ojha and he could not produce the same when he demanded it. In absence of any licence from brick kiln, have resulted in violation of the Coal Control Order, 1977 and a report under Section 3/7 of the Essential Commodities Act, 1955 was registered. The Inspector further found that three metric tones of slack coal was lying at the site and hence there was further violation of the said Order.

(3.) THE purpose of the Essential Commodities Act, 1.955 as disclosed through its preamble is to provide, in the interest of the general public, for the control of the production, supply and distribution of, and trade and commerce in certain commodities. Clause (a) of Section 2 of the Act defines the term essential commodities'. Apart from nominating certain commodities, Sub -clause (xi) of Clause (a) confers powers upon the Central Government to declare commodity to be an essential commodity for the purposes of the Act. Section 3 of the Act confers power upon the Government to issue order for regulating or prohibiting the production, supply and distribution of an essential commodity.