NAWAL KISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this application under section 482 of the Code of Criminal Procedure, the petitioner prays that the proceedings pending against him in Criminal Case No. 303/76 in the Court of Chief Judicial Magistrate, Barmer be quashed.

(2.) The proceedings were initiated against the petitioner on a complaint filed by the Station House Officer, Barmer on September 11, 1976 on the allegations that the petitioner sold four tablets of chloroquin at the rate of 25 paise per tablet instead of the control price of 19 paise per tablet. It was further alleged that the petitioner did not exhibit a price list at his shop. The petitioner and other partners of the firm were challaned. The other partners were discharged but a charge under section 3 read with section 7 of the Essential Commodities Act was framed against the petitioner. The petitioner urged before the learned Magistrate that the search conducted in the present case by the Sub-Inspector Puran prakash was illegal, inasmuch as the said Sub-Inspector was not specially empowered under para 23 of the Drugs (Price Control) Order, 1970 and, therefore, the entire proceedings pending in the court were without jurisdiction and void. The learned Magistrate did not accept the contention of the petitioner. A revision was filed before the Sessions Judge, Balotra but the same was dismissed by the order dated the 4th July, 1979. Aggrieved by this, the petitioner has filed the present application in this Court.

(3.) The learned counsel has urged that as per para 23 of the Drugs (Price Control) Order, 1970, only such officer of the Government specially authorised could enter the shop, make a search and seize the drugs. In the present case, the prosecution did not establish that the Sub-Inspector, who conducted the search was specially authorised. The learned counsel urges that the entire investigation was without jurisdiction and the proceeding needs to be quashed.