HANS NATH SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS petition is one under Section 401 read with Section 482 of the Code of Criminal Procedure. The petitioner seeks to quash the proceeding initiated by order No. 18 dated 1.9.01 passed by the Chief Judicial Magistrate, Jalpaiguri pursuant to the charge -sheet 132 of 2000 dated 16.6.2000 under Section 7(i)(a)(ii) and Section 8 and 9 of the Essential Commodities Act, 1955 in connection with Kotwali P.S. Case No. 54/2001 dated 11.2.2000.

(2.) NOW the matter: Petitioner No. 1 is a rice whole -saler carrying on business under the trade name of M/s. Durga Industries in the State of U.P. They sold 171 bags of ROR rice to M/s. Kamaksa Udyog at Golpara in the State of Assam. The consignment of rice was transported by Truck No. UP 53E -935 with all the relevant papers/challens through the petitioner No. 2 who is a proprietor of Puja Taders at Siliguri. The said consignment reached Siliguri and transhipted in a Assam bound Truck No. AS 17/1481 by the said petitioner No. 2. The petitioner No. 1 and 2 both do have the respective licences under the EC Act from U.P. and Asam respectively. While the said Assam bound truck loaded with that 170 bags of ROR rice proceeding towards its destination at Goalpara in the State of Assam on or about 1.2.2000 it was intercepted by District Enforcement Officer, Maynaguri Sadar Jalpaiguri and arrested the accused and the rice and the vehicle was seized. It was stated that the driver failed to produce any paper. It was also alleged that the driver of the vehicle was engaged in smuggling of rice and eventually the charge -sheet was filed in the Court of the Special Judge under the EC Act as stated above.

(3.) THE Special Judge under the EC Act was pleased to transfer the said case to Chief Judicial Magistrate, Jalpaiguri for disposal on 11.5.01 as the Special Court in the meanwhile has become defunct and the offence was triable by the Magistrate. It has been submitted that the charge -sheet on the face of it is bad and illegal and discloses no offence within the four corners of the control order. The petitioner now seeks to get the proceeding quashed.