SHAILENDRA KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing prosecution of the petitioner under Section 7 of the Essential Commodities Act (hereinafter referred to as 'the Act') for contravention of Clause 4 of the Fetiliser Control Order, 1957 (hereinafter referred to as '1957 Older') issued by the Central Government, which has been repealed and replaced by Fertiliser Control Order, 1985.

(2.) It appears that on the basis of the written report submitted by the Block Development Officer, Dinapur, a case was registered at the police station for prosecution of the petitioner under Section 7 of the Act and sum and substance of the prosecution case was that the petitioner had issued cash memo relating to fertiliser on 2-2-1V84 and 14-2-1984 in the names of non-existing persons. The police after registering the case took up investigation and on completion thereof submitted chargesheet, whereupon the learned special judge has taken cognizance and summoned the petitioner to face trial. Hence this application.

(3.) The only point raised by learned counsel appearing on behalf of the petitioner is that the aforesaid facts do not constitute contravention of any Order issued under Section 3 of the Act much less the 1957 Order making the petitioner liable to be prosecuted under Section 7 of the Act. In this connection I may usefully refer to Clause 4 of the 1957 Order which runs thus :