JAGAT NARAIN SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD .

(2.) PERUSED the U.P. amendment in Section 11 of the Essential Commodities Act, which requires report by the order of or under the authority of the District Magistrate or by such other officer as may be empowered by the State Government, for taking cognizance. It is stated that the District Magistrate was approached for a green signal to submit final report by the Investigating Officer. There is, however, on record the report of the APO who had opined that there were good grounds, on materials .in the case -diary, to prosecute the offenders under the E.G. Act and, ac ­cordingly, he had opined that the sanction of the District Magistrate for a charge -sheet be obtained. All these papers were placed before the District Magistrate and the impugned order dated 30 -5 -1998 was recorded. It appears that the District Magistrate was aware of the allegations and he had perused the records as also the opinion of the APO and he was of the view that the entries in the registers were not properly maintained and there was a viola ­tion of Section 4 of the Fertiliser Control Order, 1985, which was punishable under Sections 3/7, E.G. Act. Accordingly, he exercised his powers under Section 11 to direct prosecution to be launched.

(3.) WITH the above observation, the present application stands dismissed. Application dismissed,