RADHA KANT MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed by the petitioner for quashing the FIR of Bisfi P.S. Case No. 4/2003 for the offence under Section 7 of the Essential Commodities Act (hereinafter referred to as the E.C. Act).

(2.) FIR of Bisfi P.S. Case No. 4 of 2003 was filed by Sri Esidor Soren, the Subdivisional Welfare Officer, Benipatti, Madhubani. The informant was directed by the Subdivisional Officer, Benipatti by his Memo No. 18 dated 11.2.2003 for lodging of a formal FIR against the petitioner. The villagers of Simri Gram Panchayat filed a petition before the Muhia. Simri Gram Panchayat stating therein that they are tagged with the P.D.S. Shop of Radha Kant Mishra (petitioner), the retail dealer in essential commodities. They were not provided with ration allotted in B.P.L. Annapurna and Antoyadaya Scheme. They also alleged that the ration was being sold in the black market by the P.D.S. dealer. Lastly they also prayed to enquire into the matter and allow them to be tagged with the other P.D.S. dealer. The Muhia forwarded this letter to the Subdivisional Officer, Benipatti who directed the Subdivisional Welfare Officer, Benipatti to hold an enquiry into the matter.

(3.) The Subdivisional Welfare Officer, Benipatti went to Simri village and enquired into the matter and in course of enquiry he found the alleged irregularity committed by the petitioner. He also went on the PDS Shop of the petitioner in his absence and recommended for the suspension and cancellation of the PDS Shop licence of the petitioner. On submission of the enquiry report the Subdivisional Officer, Benipatti directed the Subdivisional Welfare Officer, Benipatti to file a police case in this regard. The petitioner has prayed for quashing the FIR on several grounds. The main submission in support of his application is that on the face of the FIR no offence whatsoever is made out. Secondly it is submitted that the Subdivisional Welfare Officer, Benipatti is not entitled to make a search or seizure or to file FIR on the basis of such enquiry under the Essential Commodities Act.