LAL JI SONI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Jay Shanker Shukla, learned counsel for the petitioners, learned AGA and perused the record.

(2.) Petition has been preferred to quash the charge-sheet dated 26.12.2003 and summoning order passed by the Additional Chief Judicial Magistrate, Sultanpur, Court No.17 dated 31.1.2004 in Case Crime No.840 of 2004 under Section 3/7 Essential Commodities Act and Sections 419, 420 IPC, relating to Police Station- Lambhua, District- Sultanpur.

(3.) Learned counsel for the petitioner Sri Jay Shanker Shukla submits that the first information report was lodged on 28.11.2002 at Police Station- Lambhua, by Deputy Director, Agriculture, Sultanpur stating that a raid was conducted on 18.7.2002 by the Deputy Director, Agriculture, Sultanpur and Sub Divisional Magistrate, Lambhua. Two shops/ godowns of manure were closed by their owner and they ran away, locks were sealed and were given in Supurdgi of Lakhi Chand Soni son of Thakurdin Soni. As per the record of the Controlling Officer, (Manure). Licence of godown no.5 was issued in the name of Lalji Soni M/s Cement Store Lumbhua on 18.11.1999 while the licence of godown no.2 was issued on 2.4.2002 in the name of Sri Lal Chand Soni M/s Soni Khad Bhandar. On 4.9.2002 Sub Divisional Agriculture Extension Officer, Kadipur has informed that the locks of godown no.2 are open, seal has been broken and 12 bags of urea, is kept in the room. In this manner, it is an offence under Section 3/7 Essential Commodities Act. First information report was lodged against Lakhi Chand Soni and Lal Chand Soni. It is further submitted that the petitioners are having four shops, two of manure and two of Cold Drinks. Godown of cold drinks was sealed. It is further submitted that as per the Government Order No.6655/29-7-2000-M-11-94 dated 19.12.2000 cases against the traders under the Essential Commodities Act should not be registered. It is further submitted that by another G. O. No. 2574 (1)/29-7-2001-M-11/94 dated 30.10.2001. Government has directed to withdraw all the cases of Essential Commodities Act against the traders. It is further submitted that the Senior Prosecuting Officer, Sultanpur has submitted a report on 3.5.2002 wherein certain deficiency has been found in the investigation and the charge-sheet.