RAM LAL SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) Through the instant petition filed under Section 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C ), petitioner seeks quashing of the order dated 21.05.2011 passed by Special Judicial Mobile Magistrate (Excise), Jammu by virtue of which petitioner has been charge-sheeted under Section 7 read with Section 3 of the Essential Commodities Act, on the ground that the said order is contrary to the facts and circumstances of the case.

(2.) In the petition, it has been stated that petitioner was holding a valid license issued by the Agricultural Department for sale of fertilizer. It is stated that 38 bags of DAP fertilizer were seized by the Police which were procured by petitioner from the J&K State Agro Industries Development Corporation against payment vide receipt dated 04.10.2010. The further case of the petitioner is that no seizure was made by the Police in respect of material which was allegedly said to be sold by the petitioner on higher rate. The documents seized by the Police from the petitioner do not indicate that any material/fertilizers were sold by the petitioner on higher rate than the rate fixed by the Government to the complainant. It is further stated that the allegations leveled in the FIR and Challan do not disclose any cognizable offence.

(3.) I have considered the submissions made by the counsel for the petitioner.