SHEIKH JAMALUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The prayer of the petitioners in the present application is for quashing the order dated 1 -6 -1987 passed by the Special Judge E.C. Act, Jamshedpur, in J. C. 2 Case No. 8/87 whereby cognizance of the offence under Section 7 of the E. C. Act has been taken against the petitioners. Further prayer is that the entire criminal proceedings of the aforesaid case may be quashed.

(2.) The petitioners are Honorary Secretary and Salesman, respectively of the Jawaharnagar Consumer Co -operative Stores, situated in Mango, within Jamshedpur town and this is said to be a fair price shop. On 1 -6 -1987 opposite party No. 2 namely the Marketing Officer, Jamshedpur, filed the petition of complaint against the petitioners alleging therein that in course of inspection by him on 15 -3 -1987 some discrepancy in stock of sugar was detected (the allegation is that on actual verification one quintal 39 kgs and 599 grams of sugar were found short) for which there was no satisfactory explanation. It is further alleged in the petition of complaint that although he was directed, the petitioners failed to produce before the inspecting officer on subsequent dates the stock and sale register and the cash memo of the shop in -question. The complaint was filed with the prayer that the petitioners had committed an offence under the E. C. Act and action may be taken against the petitioners. The learned Special Judge took cognizance on the same date as already mentioned above.

(3.) The learned lawyer for the petitioners has submitted that the taking of cognizance by the Special Judge is not in accordance with the Clause (e) of Sub -section (1) of Section 12 -AA of the E. C. Act. This clause, as it was originally enacted, in the E. C. Amendment Act (Act 18/81) reads as follows : A special court may, upon a perusal of the police report of the facts constituting an offence under this Act take cognizance of that offence without the accused being committed to it for trial.