AJIT KUMAR DAS Vs. THE STATE

JUDGEMENT

(1.) This revisional application is directed against the proceedings initiated against the petitioner under section 7(1)(a)(i) of the Essential Commodities Act, 1955 and under section 403 of the Indian Penal Code.

(2.) Mr. Bose, learned Advocate appearing for the petitioner has not pressed his challenge in respect of the proceedings initiated under the Essential Commodities Act. He has only confined his argument on the validity of initiation of the proceedings under section 403 of the Indian Penal Code.

(3.) From the accusation made against the petitioner, it appears that he distributed rationed commodities to card holders who were subsequently found to have died before the rationed commodities were sold. On such accusation, the proceedings have been initiated under section 403 of the Indian Penal Code. Mr. Bose has drawn our attention to the decision of the Full Bench of this Court in the case of Ghasiram Agarwala Vs. State reported in AIR 1967 Cal. 568 . In that case the accused was a retailer, who by an agreement with the State Government entitled 'Agreement for distribution of wheat through Fair Price Shops' had agreed to sell wheat during shop hours to consumers within the zone at a certain retail rate fixed by the Government. The wheat was delivered by the Government to the retailer on his deposit of price of wheat at the agreed wholesale rate. At one stage, by night time the retailer removed some bags of wheat from the shop and thereafter possibly apprehensive of adverse consequences brought them back to his shop. He was charged under section 409 of the Indian Penal Code. It was held that the accused must be acquitted even of the offence of attempt to commit criminal breach of trust and that the property in the stock of wheat received by the retailer under the agreement did pass to him.