JOYDEB GORAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an application filed by the petitioner above named challenging the impugned charge-sheet filed by the police as also to challenge of imitation of the ease by the police under the Essential Commodities Act. The petitioner also prayed for quashing of the charge-sheet filed by the police and also for quashing the First Information Report being Monteswar Police Station Case No. 53(6)93 under section 7(1)(a)(ii) of the Essential Commodities Act, 1955.

(2.) THAT the case of the petitioner as stated in the First Information Report as well as filed by the charge-sheet, that on 26.6.93 acting on a secret information regarding the clandestine business of Mustard seed and Mustard oil of the oil mill of the petitioner Joydeb Gorari of Maldanga, a D.E.B. raid was held by S.I. of Police (D.E.B.) who found that the owner of the said Mill Joydeb Gorai was present there whom a notice under the Act was served to produce the Stock Book, Rate Board, Cash Memo Book and other relevant papers for carrying such Mill. But the said owner of the Mill failed to produce the documents relating to the business. As such the said D.E.B. Officer arrested the accused-petitioner and on the basis of the written complaint of the said Sub Inspector the officer-charge, Monteswar Police Station had started the case and investigate the matter and after investigation filed a charge-sheet against the petitioner.

(3.) THAT after hearing both the parties I accept the contention and submissions made by the learned lawyer for the petitioner and I am of the opinion that as per the Essential Commodities Act, (special provision) 1993 the only officer- in-charge of a police station or any officer duly authorised by him on written can arrest any accused person committing an offence under the Essential Commodities Act.