SHAM LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) , J. - This is criminal misc. petition filed by Sham Lal son of Ram Kumar-petitioner whereby he has sought the quashing of FIR No. 29 dated 5.2.1995 under Section 7 of the Essential Commodities Act (Annexure P-1) registered at Police Station Julana, District Jind. It is averred that he is running a Hind Oil Company at Julana and deals in kerosene. No case is made out against him as would emerge from the perusal of FIR Annexure P-1. A police officer below the rank of Sub-Inspector is not competent to effect search and seizure under Section 3 of the Essential Commodities Act. In this case, the search and seizure was effected by Assistant Sub Inspector and as such the same is illegal and void. The FIR registered in consequence of such illegal and void search and seizure is also illegal and void and is not sustainable. Cognizance of the case by a Special Court constituted under the Essential Commodities Act is equally illegal and void. Frame of charge Annexure P-2 by Special Judge, Jind under the Essential Commodities Act is also illegal and void. It would be an exercise in futility to try him on an illegal and void prosecution.

(2.) RESPONDENT -State of Haryana opposed the petition through reply put in, in the form of an affidavit of Sukh Lal Dhankar, Deputy Superintendent of Police, Headquarters, Jind urging that the petitioner was caught while dealing in the sale of kerosene in black on 5.2.1995 by ASI Charanjit Lal then working as Officer Incharge of Police Station, Julana. The controlled price of kerosene was Rs. 2.87 paise per litre while he was found to have sold kerosene at the rate of Rs. 5/- per litre to the bogus-punter.

(3.) ACCORDING to the respondent on 5.2.1995 ASI Charanjit Lal who was Officer Incharge (SHO) Police Station, Julana sent Kapoor Singh s/o Banwari Lal (a bogus punter) with a marked currency note of the denomination of Rs. 100/- to the accused with a view to purchase 20 litres of kerosene from him. According to the respondent HC Bhim Singh was instructed to act as a "shadow witness" and give indication as soon as the deal was over. According to the respondent, Kapoor Singh gave the marked currency note of the denomination of Rs. 100/- to the accused and the accused supplied him 20 litres of kerosene.