SUDAMA SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashment of his entire criminal proceedings arising out of Panki P.S. Case No. 56/2006, corresponding to G.R. Case No. 1058/2006 by which cognizance of the offence has been taken under Sections 419/420 of the Indian Penal Code as also under Section 7 of the Essential Commodities Act, pending in the court of S.D.J.M., Daltonganj.

(2.) PROSECUTION story in short was that the Circle Officer of Panki Block, namely, Anil Kumar Sinha presented a written statement on 22.7.2006 before Panki Police narrating, inter alia, that a Mini Truck No. BR -15G -0012 was intercepted, which was carrying 62.50 quintals of rice and the informant suspected that the rice belonged to the Government organization and the same was obtained by the Petitioner Sudama Sao from the P.D.S. Dealer Rajendra Sao to be sold in the black market and that the mini truck was being driven by Girwar Ram.

(3.) LEARNED Counsel Mr. Nilesh Kumar submitted that the prosecution of the Petitioner for the alleged offence under Section 7 of the Essential Commodities Act was not maintainable for want of alleged violation by the Petitioner of any Order/Rule framed under Section 3 of the Essential Commodities Act so as to call for punishment under Section 7 of the Essential Commodities Act. It was alleged that the Petitioner had carried 62.50 quintals of rice from one Rajendra Sao, a dealer under Public Distribution System. There was no material except the confessional statement of this Petitioner before the police that he had obtained such quantity of rice from the shop under P.D.S. of Rajendra Sao. But on physical verification his stock was found intact, as such Rajendra Sao was not sent up for trial in the final form submitted by the police as it could not be established that the Petitioner had purchased the rice which was allotted to be distributed through Public Distribution System.