RAM BRIKSH JADAB Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS revisional application is directed against an order dated 25 -1 - 1982 passed by the learned Addl. Chief Judicial Magistrate, Sealdah rejecting the petitioner's plea that the proceeding in case EB. GR 69 of 1981, Section N/E. B -264 dated 21 -7 -1981 under Section 7(1)(a)(i) of the Essential Commodities Act is not maintainable.

(2.) IT appears that the police of Enforcement Branch searched the godown of M/s. Mitra Trading Co., which is a partnership firm and a wholesale dealer in cement on 21 -7 -1981 and found that discrepancy between the actual stock of cement and the stock shown in the stock register, amounting to 636 baas short. So the police seized the aforesaid bags of cement and arrested the petitioner who was the godown -keeper of the said go -down and produced him before the learned Magistrate on the next day. The police continued investigation of the case and ultimately submitted challans under Section 7(1)(a)(i) of the Essential Commodities Act against the petitioner and the pro forma opposite party Nos. 2 to 4, of whom opposite party Nos. 2 and 3 are partners of the said firm on 25 -1 -1982 i. e., 186 days after the date of commencement of the investigation.

(3.) IN the circumstances I find that there is substance in the points raised on behalf of the petitioner impugning the proceeding against them which should be quashed.