PRADUMAN GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State.

(2.) AN interesting question is involved in this case as to whether the Special Judge under the Essential Commodities Act (hereinafter referred to as the 'Act '] can differ with the police report and take cognizance of the offence under Section 11 of the Act.

(3.) LEARNED counsel for the petitioner submits that when the police after investigation has found that no case has been made out against the petitioner and submitted final form, the Special Judge was not competent to take cognizance differing with the police report as he could have done in ordinary criminal case as contemplated under Section 190(1) of the Code of Criminal Procedure, In support of his contention he has relied on the decision of the Division Bench of this Court in the case of Ratan Lal Sultania and ors. vs. State of Bihar, 1968 PLJR 36.