JAGDISH SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application for quashing a proceeding taken against the petitioner under Section 7 of the ESSENTIAL COMMODITIES ACT, 1955 (briefly the 'Act') pending before a Judicial Magistrate, First Class, Buxar.

(2.) On 2-5-1973, while the petitioner was carrying 62 bags of paddy on a bullockcart from his village home for sale to the purchasing centre of a rice mill, namely, Bishwanathji Mills, of Buxar, said to be the nearest market from his village the Project Executive Officer, Rajpur Block, seized the said foodgrains, arrested the petitioner and lodged a first information report with Rajpur Police Station. According to the allegation made in the aforesaid first information report, the petitioner was carrying on business of purchase and sale in foodgrains without having a licence under the Bihar Food-grains Dealers Licensing Order and has, accordingly, committed an offence under Section 7 of the Act. The police registered a case under Section 7 of the Act on the basis of the said first information report and submitted a charge-sheet on 12-5-1973, a copy of which has been made Annexure 1 to the application. In the 7th column of the charge-sheet meant for stating the particulars of the offence and the circumstances connected therewith, the Investigating Officer made only a very brief statement to the effect that on investigation of the allegations made by the first informant in his written report, a case under Section 7 of the Act was established against the petitioner and, accordingly, the Police sent up the petitioner for trial.

(3.) On the basis of the aforesaid charge, the learned Subdivisional Magistrate, Buxar, by his order dated 23-5-1973 took cognizance against the petitioner for the offence under Section 7 of the Act and transferred the case for trial to the Court of Shri B.N. Singh, Magistrate, First Class, Buxar.