SANTA KUMAR DAS Vs. STATE

JUDGEMENT

(1.) This revisional application is directed against the order dt. May 17, 1984 passed by the learned Judge, Special Court, rejecting the contention of the accused that the proceeding initiated under the Essential Commodities Act for violation of the provisions of Para 21 of the Fertiliser (Control) Order, 1957 is a nullity. The only contention which has been urged in support of this rule is that since the case was initiated by a Sub-Inspector attached to the District Enforcement Office, the proceedings are void. The contention is that only Sub Inspector or officers above the rank of Sub Inspector attached to the Enforcement Branch could initiate proceedings for the purpose of the Fertiliser (Control) Order, 1957.

(2.) In support of this contention, the learned counsel for the petitioners has relied on the Division Bench decision in Kamala Ranjan Dey v. The State reported in (1982) 86 Cat WN 917. In that case the same contention was raised. The contention which has been raised in that case is :

(3.) Paragraph 19 of the Fertilizer (Control) Order, 1957 provides that "the State Government and/ or the Central Government may by notification in the Official Gazette appoint such number of persons as it/they think necessary to be Inspectors of Fertilizers for the purpose of the Order and may in any such notification define the local area within which each such Inspector shall exercise his jurisdiction."