SOHAN SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the orders dated 13.02.1995 and 16.02.1995 whereby the learned Special Judge, Essential Commodities Act Cases, Hanumangarh proceeded, respectively, to reject the application under Section 258 Cr.P.C. moved by the accused -petitioner and to state the substance of accusation under Section 3/7 of the Essential Commodities Act.

(2.) IT is contended in this revision petition that under the relevant provisions of the Rajasthan Trade Articles (Licensing & Control) Order, 1980, the powers of search and seizure have been conferred upon the Licensing Authority or the Executive Magistrate or Police Officer not below the rank of Deputy Superintendent of Police or Tehsildar or any Officer not below the rank of Enforcement Inspector; and, in the present case, the proceedings, having allegedly been conducted by the Circle Inspector, who was not empowered to do so, remain entirely illegal and unauthorized. It is submitted that the proceedings and the investigation being wholly authorized, the petitioner ought to have been discharged.

(3.) IT was definitely expected of the learned Special Judge to have dealt with, even in brief, with the submissions made on behalf of the petitioner before disposing of the application and proceeding with the trial. In the given circumstances, neither the order dated 13.02.1995 rejecting the application could be approved nor the order dated 16.02.1995 on statement of the substance of accusation under Section 3/7 of the Essential Commodities Act could be sustained at this stage; and hence, both the impugned orders deserve to be set aside and the case deserves to be remanded for consideration afresh.