SIMANCHAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) An application under Sec. 482 of the Criminal Procedure Code, 1973 (hereinafter referred to as 'the Cr.P.C.') is filed at the instance of the petitioner challenging the legality and judicial propriety of the order of cognizance dtd. 20/12/2010 (Annexure-5) passed in G.R. Case No.891 of 2010 by the learned S.D.J.M., Berhampur under Sec. 7 of the Essential Commodities Act, 1955 (in short 'the E.C. Act') on the grounds inter alia that the alleged offence has been committed by the dealer accused and he is in no way involved as no prima facie case is made out against him and therefore, the same deserves to be quashed.

(2.) Briefly stated, as per the F.I.R., a Tanker bearing registration No.OR-05-Y-1285 was intercepted, while it was proceeding in opposite direction towards Girisola instead of Baliguda carrying blue dyed kerosene oil, which on enquiry, revealed that the alleged transportation to another destination found to contravene Clause-3 of Kerosene(Restriction on use and Fixation of Ceiling Price) Order, 1993 (in short 'the Control Order') and accordingly, on receipt of it, G.R. Case No.891 of 2010 was registered and finally, the petitioner and other accused persons were charge sheeted for having committed an offence punishable under Sec. 7 of the E.C. Act which is currently under challenge on the ground that no prima facie case stands vis -vis the petitioner, who is not the dealer but alleged to have been looking after the business run by the dealer, namely, Narsingh Choudhury.

(3.) Heard Mr. S.K. Dalai, learned counsel for the petitioner and Mr. A.P. Das, learned Additional Standing Counsel for the State.