PREM KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The main contention of the petitioner is that the learned Sub Divisional Judicial Magistrate, Simdega took cognizance of the offence under Section 7 of the Essential Commodities Act as also under Sections 414/120B of the Indian Penal Code on 17.12.2007 in Simdega P.S. Case No.17/2005, corresponding to G.R. No.58/2005 without there being disclosure of violation of any licensing order on the part of the petitioner.

(2.) Informant-Marketing Officer had alleged in his written report presented before the Simdega Police Station that pursuant to the instruction received from the Deputy Commissioner, Simdega, he intercepted the Truck No. BHH 971 carrying 225 bags of wheat weighing 60 Kgs. per bag and the truck was brought to the police station premises. Driver of the truck Fulchand Kujur disclosed that the bags of wheat, which were being carried, were obtained from the Shop Nos.5/12 and 5/16 of the Bazar Samiti and it belonged to Prem Kumar, Saukat Ali and Salimuddin. It was alleged that till 18.2.2005 morning, no document could be produced about the transportation of such huge quantity of wheat, though the truck was intercepted in the night of 17.2.2005. The informant therefore, had reason to believe that the wheat bags loaded on the truck belonged to the Government and it were being carried illegally without any valid authority. Under the instruction of the Deputy Commissioner, Simdega, a case was instituted against Prem Kumar, Saukat Ali and Salimuddin for contravention of licensing order assuming that the wheat bags were being carried to be sold illegally in the black market. Truck No. BHH 971 with 225 bags of wheat loaded thereon were seized to which seizure list was prepared.

(3.) Learned counsel Mr. Md. Zaid Ahmad submits that the FIR is silent about the allegation as to under which provision of licensing order or unification order has been contravened as framed under Section 3 of the Essential Commodities Act by the petitioner so as to attract an offence under Section 7 of the Essential Commodities Act. Petitioner was admittedly not the licensee and so the allegation of contravention of any term of licence on the behest of the Deputy Commissioner, Simdega did not arise. As a matter of fact, petitioner had purchased the wheat bags from 'Chanho Haat' on 17.2.2005 against the receipts which were issued in the name of the petitioner by Krishi Utpadan Bazar Simiti, Ranchi (Annexure-2) and that he had filed a petition for the release of the wheat bags in his favour. In the facts and circumstances, when the case was instituted under the special law, the allegation under the general law for the alleged offence under Sections 414/120B of the Indian Penal Code was not maintainable against the petitioner or any other accused, otherwise also the prosecution did not say that 225 bags of wheat were stolen property. Finally, it has been submitted that the Central Government vide Gazette Notification dated 15th February, 2002 issued direction to all the States in India that commodities such as wheat and rice have been made free from licence and therefore, no licence is required for its sale, purchase or transportation.