BIBEKANAND PARIJA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure. The petitioner is the owner of a truck which was seized by the police at the time when coal was being loaded from coal depot in which no rate-board was displayed, as required under paragraph 3 of the West Bengal Declaration of Stocks and Prices of Essential Commodities Control Order, 1977. The petitioner was not present when the truck was seized by the police near the coal depot. The petitioner prays for quisling the proceedings of the case started against him and others under Section 7(1)(a)(ii) of the Essential. Commodities Act. 1955 for violation of Clause 5 of the West Bengal Declaration of Stocks and Prices of Essential Commodities Control Order, 1977.

(2.) The prosecution brings in the petitioner as a party to that case on the allegation that the petitioner was an abettor to the offence for violation of the Control Order referred to above. The provisions of the paragraph 3 of the said Order of 1977 already referred to requires a whole-saler or a retailer in display a list in the prescribed form. The Petitioner being the owner of the truck in which coal was being loaded from that depot cannot be held to be responsible in any way for nondisplay of the list in the prescribed form.

(3.) The revisional application is accordingly allowed. The proceedings so far as the petitioner is concerned is quashed. The Rule is made absolute. The records be sent down expeditiously.