HIRALAL PODDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This petition is for quashing the Criminal proceeding which was registered as case No. GR Case No.1885 no pending before the learned Chief Judicial Magistrate, Gauhati.

(2.) On 2-5-1979 the Inspector of Police conducted search in the godown belonging to accused petitioner No.1 and found 394 bags of cement. Accordingly, the First Information Report was filed on 4-5-1979 which is available at Annexure B to the petition. It was disclosed in the F.I.R. that accused-petitioner No.2 carried the above bags of cement from the cement factory located at Cherapunji in the State of Meghalaya. In view of the above seizure and after investigation, charge-sheet against the present two accused-petitioners under the provisions of Assam Cement Dealers Licence Order, 1972, for short the Order, read with Section 7 of the Essential Commodities Act, 1955 was filed. By the impugned order dated 7-4-1984, the learned court below rejected the prayer of the accused-petitioners and framed charge. Hence, the present petition. It may be mentioned that Assam Cement Dealers Licensing Orders, 1972 was repealed by the Assam Trade Articles (Licencing and Control) Order, 1982.

(3.) The main thurst of argument of Mr. Bhatti, learned counsel for the petitioner is that the accused- petitioner No.2 was appointed as agent for carrying cement from the Cement Factory at Charapunji to Tura within the Slate of Meghalaya. One has to go by road from Cherapunji to Tura within the Slate of Meghalaya through Gauhati within the Slate of Assam. According to Mr. Bhatti, on perusal of the statements recorded during investigation and other materials, no case has been made out against the accused-petitioner.