AJIT KUMAR SAHA Vs. STATE

JUDGEMENT

(1.) THIS Rule is directed against the order dated 20. 7. 82 passed by Sri S. R. Banerjee, Judicial Magistrate, 1st Class, 1st Court at Barrackpore, 24-Parganas in G. R. E. No. 270 of 1979 whereby charge was framed under Sec. 7 (1) (a) (ii) of the Essential commodities Acts for violation of paragraph 3 of West Bengal Rice and paddy (Restriction on Movement) Order, 1977. Being aggrieved by the aforesaid charge framing order dated 2 0. 7. 82, the petitioner-accused Sri' ajit Kumar Saha has moved this Court of revision for having his grievance redressed.

(2.) THE facts of the" case, insofar that is material for the purpose of this Court, are that Sri Saha did procure a permit for carriage 120 quintals of rice by a certain truck. The truck exhibited some mechanical defects on its way' to the destination station. The permit that was issued was valid up to 23. 6. 79 'whereas due to the mechanical defects the lorry reached the destination station two days later, i. e. , on 2 5. 6. 79. The Inspector guarding the check-post on 25. 6. 79, i. e. , on 25. 6. 79 arrested the accused and thereafter the case was lodged against him resulting in the framing of the charge by the local Magistrate under Sec. 7 (l) (a) (ii) of the Essential commodities Act, as indicated before.

(3.) MR. Basu, the learned Advocate appearing on behalf of Sri Saha, has invited my attention to the principle of law laid down so beautifully in the case of Century Spinning and Manufacturing Co. Ltd. v. State of maharashtra, reported in AIR 1972 SC 545. In that case the learned Chief presidency Magistrate, Bombay framed charge against the accused under sec, 7 of the Essential Commodities Act, found that materials on the record were not sufficient for framing of the charge and therefore he discharged the accused. The State moved the High Court of Bombay. The High Court reversed that order of the Chief Presidency Magistrate. Thereafter the accused moved the Supreme Court on appeal. The Supreme court found that the Chief Presidency Magistrate was right in discharging the accused for want of sufficient materials on the record and in doing so laid down principles of law which stands as follows :