MADHU GUPTA AND OTHERS Vs. STATE OF J&K

JUDGEMENT

(1.) In this petition under section 561-A Cr.P.C. petitioners seek quashing of order dated 31.12.2010 passed by the learned Sessions Judge, Kathua in a revision petition, whereby learned Sessions Jude has set aside the order passed by the learned Chief Judicial Magistrate (CJM), Kathua dated 15.09.2010 discharging the accused persons, herein petitioners, of the offence under section 3/7 of the Essential Commodities Act (for short the EC Act).

(2.) Heard Mr. D. K. Khajuria, learned counsel for the petitioners and Mr. L. K. Moza, learned AAG, appearing on behalf of the respondent.

(3.) As per the prosecution case, petitioners were found carrying 800 liters of kerosene filled in four drums by a vehicle (Mahindra Jeep) bearing registration of No. JK 08-7715 on 11.09.2008. The vehicle was intercepted and inspected by a police patrol. The offence under section 3/7 of the EC Act was registered as FIR No. 284/2008 at Police Station, Kathua and after investigation charge-sheet was filed, which come up for trial before the court of the learned CJM, Kathua. Prosecution case is that the kerosene was being transported by the petitioners for sale in contravention of SRO Notification 79 dated 25.09.1974 issued by the Government of J&K, Ministry of Food, Supplies and Transport Department.