SURENDRANATH SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner has filed this case under Section 482 Cr.P.C. to quash the order -dated 11.10.2004 passed by the J.M.F.C., Pipili in G.R. Case No.325 of 2004 wherein he took cognizance of the offence under Section 7 of the Essential Commodities Act (hereinafter referred to as the 'E.C. Act) against the accused/petitioner.

(2.) AS depicted in the F.I.R. and case diary, on 26.8.2004 at about mid -night when the accused -petitioner was carrying a jerican containing 40 litres of Kerosene in an Ambassador car bearing No. OR -02 -AB -3855, the villagers of Hatasahi detained the car and one of the villagers, namely, Rabindranath lodged an F.I.R. in this regard before the I.I.C. of Pipili Police Station. As the allegation made in the F.I.R. revealed a cognizable offence the I.I.C. registered the case under Section 7 of the E.C. Act and directed S.I. Mr. P.R. Satpathy to investigate into the case.As per the direction, S.I. P.R. Satpathy visited the spot, seized the kerosene along with the case, prepared seizure list in respect thereof, arrested the accused/petitioner, forwarded him to Court and after completion of investigation finding a prima facie case under Section 7 of E.C. Act submitted charge sheet against him.

(3.) LEARNED counsel appearing for the petitioner submitted that even if the entire prosecution case is accepted to be true, still then the petitioner cannot be liable for the offence under Section 7 of the E.C. Act. According to him, Charge sheet is silent with regard to violation of any specific Order in terms of Section 3 of the E.C. Act. So, the trial Court ought not to have taken cognizance of the offence under Section 7 of the E.C. Act against the petitioner.