SURINDER SINGH Vs. STATE OF JAMMU & KASHMIR

JUDGEMENT

(1.) The present petition has been filed by the petitioner under section 561-A Cr. P.C. (now 482 Cr.P.C) for quashing the order dated 08.10.2012 passed by the Principal Sessions Judge, Jammu (hereinafter to be referred as the revisional court) by virtue of which order dated 15.02.2011 passed by the learned Chief Judicial Magistrate, Jammu (hereinafter to be referred as the trial court) discharging the petitioner, was set aside.

(2.) The present petition has been filed primarily on the ground that there is no order as envisaged under section 3 of Essential Commodities Act that has been contravened by the petitioner and further when the prosecution has not placed on record any such order, the petitioner cannot be prosecuted for the commission of the said offence and convicted under section 7 of the Essential commodities Act.

(3.) Mr. Dheeraj Choudhary, learned counsel for the petitioner vehemently argued that that no order within the meaning of section 3 of Essential Commodities Act was placed on record by the Investigating Officer along with the challan and that is why the petitioner was discharged for the commission of offence under sections 3/7 of the Essential Commodities Act and the learned revisional court illegally set aside the order passed by the trial court and observed that the trial court should have granted further time to prosecution to place on record such order. He further submitted that even despite repeated opportunities, no such notification/order has been placed on record the violation of which has been claimed by the respondent, to have been made by the petitioner.