MOHAN PANDEY Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) THIS application has been filed for quashing the F.I.R. of Baikunthpur P.S. Case No. 35 of 2003 dated 17.4.2003 registered under Sections 420,414 and 120(B) of the Indian Penal Code as well as Section 3 of the Prevention of of Damage to Public Property Act,1984.

(3.) THE Collector also mentioned in this letter that since the adulteration of kerosene oil, diesel and petrol, is an offence under Essential Commodities Act 1955 and Bihar Motor Spirit and High Sprit diesel oil Dealers Licensing Order 1966, only a police officer, not below the rank of Dy. S.P. could have taken action under the provisions of Essential Commodities Act for contravention of its its orders. THE officer-in-charge Page 1691 has acted without following any procedure under the law and in haste got registered a case under Sections 420, 414 and 120 (B) of the Indian Penal Code and Section 3 of the Prevention of Damage to Public Property Act 1984. By virtue of Section 6 of the Essential Commodities Act the orders made under the E.C. Act has over riding effect on all other enactment which are inconsistent with as contrary to the provisions of the E.G. Act or any order framed thereunder.