(1.) The residential premises of thg petitioner and his brother necessary Jhunjhunwala was inspected on 6-94987 by the Sub-Inspector of Police, Govindpur Police Station when 150 bags of Masoor Dal wera found there. No document could ba produced by the watchman who was present there. On the basis of the information of the Sub-Inspector, First Information Report was drawn up in which it was alleged that the petitioner and his brother were carrying on businees in essential commodity without licence which was punishable under Section 7, of the Essential Commodities Act (the E C. Act) and there under Section 414 of the Indian Penal Code as it appeared to be stolen article. A case was registered in the Special Court commonly known as Special Judge, E. C. Act as G. R. Case 2450 of 1987. A proceeding under Section 6-A of the E. C. Act was also initiated in the court of the Deputy Commissioner, Dhanbad which was registered as Confiscation Case No. 49 of 1987.
(2.) By order dated 30-11-1987, the Deputy Commissioner accepted the show cause filed by the petitioner and dropped the confiscation proceeding. The Special Judge by order dated 6-1-1989 to cognizance of offence puaishment under Section 7 of the E. C. Act. The jurisdiction of the Special Judge taking cognizance has been challenged in this case.
(3.) The case came up for hearing before a learned Single Judge. Learned Single Judge referred it to Division Bench. It may be noticed that only one of the accused has filed this case.