DHRUV KUMAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition has been filed by the petitioner under Section 397/401 of Cr.P.C. aggrieved by the order dated 19th January, 2011 framing charge against the petitioner under Section 3/7 of Essential Commodities Act, 1955 on account of violating the scheme framed by the State of Madhya Pradesh i.e. Madhya Pradesh (Khadya Padarth) Sarvajanik Nagrik Purti Vitran Scheme, 1991 and in particular clause 12 thereof which has been made punishable under clause 13 of the Scheme. It is a matter of record, that the petitioner who is a wholesale dealer of kerosene oil and is allotted a very heavy quota of kerosene oil which is required to be distributed in terms of the Scheme violated that scheme with immensity on many occasions by supplying the less/more quantity of kerosene oil to the authorized dealers and in this manner violated that scheme. Later on, an FIR was registered under Section 3/7 of the Essential Commodities Act on 28th June, 2009 vide Crime No. 396/2009.

(2.) It was argued by the petitioner that for violation of a scheme prepared by the State Government which has not been prepared under Section 3 and 5 of the Essential Commodities Act cannot be punished Under Section 3/7 of the said Act. He has relied upon a judgment delivered by this Court in Arvind Kumar Vs State of Madhya Pradesh, 2008 2 MPHT 38 on the basis whereof the present petition was admitted.

(3.) I have perused the aforesaid judgment and the impugned order passed by the Court 'of Judicial Magistrate First Class, Burhar, District Shahdol dated 19th January, '2011;