DESHRAJ SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Sec. 482 of Cr.P.C has been filed for quashing the criminal proceedings pending before Judicial Magistrate, First Class, Morena in Cr.Case No.986 of 2009.

(2.) Necessary facts for the disposal of the present application in short, are that an FIR was lodged by District Supply Officer, Morena alleging that on 4.2008 the fair price shop of Sewa Sahkari Sansthan Subhashgadhi was inspected and it was found that the physical stock was not matching with the stock register. Accordingly, it was alleged that the applicant has violated Clause 8 (1) of Madhya Pradesh (Food Stuff) Public Distribution Scheme 1991 (hereinafter would be referred as to the 'Scheme of 1991') and therefore, the applicant has committed an offence under Sec. 3/7 of the Essential Commodities Act.

(3.) It is submitted by counsel for the applicant that so far as Scheme of 1991 is concerned, as it was not a control order but was merely an executive instruction, therefore, the violation of the same cannot be held to be punishable under Sec. 3/7 of the Essential Commodities Act.