MD WAIZUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Uday Shankar Sharan Singh, the learned counsel for the petitioner and Sri Jharkhandi Upadhyay, the learned A.P.P. for the State.

(2.) Through this application the petitioner seeks to question the propriety of the order dated 7.8.2006 passed by the learned S.D.J.M., Nalanda at Biharsharif in Manpur Police Station Case No. 25 of 2006 whereby he has taken cognizance for an offence under Section 7 of the Essential Commodities Act.

(3.) It appears that the Anchal Adhikari-cum-Block Supply Officer, Biharsharif lodged a written complaint before the Officer Incharge of Manpur Police Station on 21.4.2006 inter alia stating therein that on 9.5.2006 the Public Distribution Shop of Md. Waizuddin, the petitioner herein, was sought to be inspected by the Block Development Officer, Biharsharif but as the shop at the relevant time was found closed no physical verification of the stock could be done. However, one consumer Kapildeo Prasad gave statement that the Dealer had not supplied kerosene oil for the months of February and March to the consumers. Some other consumers also gave similar statements making complaints in distribution of kerosene oil and irregularity in supply of foodgrains. A show cause was issued to the dealer by the Sub-Divisional Officer, Biharsharif regarding the irregularities mentioned above and as the show cause submitted by the dealer was not found satisfactory another inspection of the shop premises was sought to be made at about 12.30 P.M. on 18.3.2006 and again the shop in question was found closed. It is said that some of the consumers appeared before the Inspecting Officer and made complaints against the dealer regarding non-distribution of kerosene oil and irregular supply of food-grains. On the basis of the said written report the aforesaid P.S. Case was drawn up under Section 7 of the Essential Commodities Act and by the impugned order cognizance was taken.