RAJ KUMAR Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) ON 18.9.1992 case F.I.R. No. 33 was registered against the petitioner at Police Station, Division No. 3, Jalandhar, at the instance of Assistant Sub-Inspector Darshan Singh, who reported that while patrolling at Doaba Chowk he received information that Raj Kumar son of Daulat Ram, a resident of Mohalla Krar Khan, Police Station Division No. 1, was preparing and selling furnace oil by mixing Tar-coal, diesel and kerosene oil at an open place which was at the back side of Sharp Paint Industry, situated on Shashi Nagar road. On receipt of this information he sent a ruqa to the police station for registration of a case through constable Manjit Singh and himself proceeded to the spot for conducting raid. Assistant Sub- Inspector Darshan Singh then sent Mangal Dass to summon some Inspector from the District Food Controller's Office for joining the raiding party, but as none was available above the rank of Inspector of Civil Supply Department due to closure of the office, so he himself proceeded to the spot and conducted the raid after joining one witness Mukesh Kumar escaped but some drums containing faked furnace oil were seized, which were produced before the Station House Officer Naresh Kumar of Police Station Division No. 3. The petitioner has filed this petition for quashing of the first information report recorded against him under Section 7 of the Essential Commodities Act on the ground that investigation of the case had not been conducted by a duly authorised person. It was pleaded that according to Punjab Light Diesel Oil and Kerosene Dealers Licensing Order, 1978 a police official of the rank of Assistant Sub-Inspector is not at all competent to conduct the raid and the raid conducted by Assistant Sub-Inspector Darshan Singh was in contravention of the mandatory provisions of that order so any proceedings arising out of the raid conducted by an unauthorised officer were not sustainable in the eyes of law.

(2.) IN the return filed by the respondent this fact was admitted that a case under Section 7 of the Essential Commodities Act was registered against the petitioner at the instance of Assistant Sub-Inspector Darshan Singh, but it was contended that after the drums were produced before Sub-Inspector Naresh Kumar, he took over the investigation and statements of the witnesses were recorded by him.