KRISHAN CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Tersely, the facts, which require to be noticed, for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, are that, on 14.4.2009, the police party headed by Ashok Kumar, SHO of Police Station Kotwali Patiala was present at Lakkar Mandi, Sirhandi Bazar Patiala, in connection with patrol duty. He received a secret information that Krishan Chand alias Budhu son of Amar Nath petitioner-accused was supplying the kerosene to other Halwai shops and Dhaba owners at a higher rate, meant for ration card holders. If the raid is conducted, Krishan Chand and Ram Chander Mukhia can be apprehended red handed. Believing the secret information credible, the SHO sent the ruqqa to the Police Station, on the basis of which, a criminal case was registered against the petitioner-accused, vide FIR No.176 dated 14.4.2009, on accusation of having committed the offences punishable under section 7 of the Essential Commodities Act (hereinafter to be referred as "the EC Act") and section 420 Indian Penal Code by the police of Police Station Kotwali Patiala, in the manner indicated herein- above.

(2.) Aggrieved by the initiation of criminal prosecution under section 7 of the EC Act, the petitioner preferred the present petition, to quash the impugned FIR and all other subsequent proceedings arising therefrom, invoking the provisions of section 482 Cr.PC.

(3.) Having heard the learned counsel for parties, having gone through the record with their valuable assistance and after bestowal of thoughts over the entire matter, to my mind, the instant petition deserves to be accepted in this context.