MURARILAL Vs. STATE OF M P

JUDGEMENT

(1.) The sale petitioner has filed this application for quashing the entire proceedings pending in the Court of 2nd AddI. Chief Judicial Magistrate Indore in Criminal Case No. 2487179 (old No. 6997175) for an offence under S. 7 of the Essential Commodities Act and S. 115 of the Defence of India Act.

(2.) The facts giving rise to this application are that on 16.7.1975, an inspection was made by the Inspector of Food and Civil Supplies Department in the business premises of the petitioner. After inspection, on 17.7.1975, a written report was given to the officer-in-charge of Malharganj police. According to the first information report, 115 bags of gram was found in godown No. 54 at Sanyogitaganj Mandi Indore. However, the said godown has not been entered in the licence of the petitioner. It has been further alleged in the first information report that in the register and bill book name of the party to whom the food articles were sold nor their licence number have been entered. It has further been alleged that signatures of the purchasers have also not been taken in the register. Instances have been cited in the first information report about sale of maze and other articles to various persons and failure on the part of the petitioner to enter the same in the register.

(3.) The police, after investigation, submitted challan on 12.9.1975 against the petitioner for an offence under S. 3/7 of the Essential Commodities Act as also under S. 114 of the Defence of India Act.