ALOKE DUTTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed for quashing of the F.I.R of Patamda P.S.case no.75 of 2011 instituted under Section 7 of the Essential Commodities Act read with Sections 406, 411/34 of the Indian Penal Code.

(2.) IT is the case of the prosecution that when information was given to Block Supply Officer, Patamda that a pick -up Van, bearing registration no.JH -05P -7379 loaded with rice meant to be distributed to the beneficiaries of Public Distribution System Scheme is standing in front of the shop -cum -go down of the petitioner, he came over there and made search of the go -down of the petitioner from where 197 bags of rice and 52 bags of rice from pick -up Van were recovered. Hence, a case was lodged on the allegation that a Public Distribution System Dealer Bipin Singh Sardar had lifted 165 bags of rice for its distribution under the scheme of Below the Poverty Line and Antodaya of which he got 110 bags of rice unloaded in his go -down whereas he got 55 bags unloaded at the go -down of this petitioner. On such allegation, FIR was lodged which was registered as Patamda P.S. case no.75 of 2011.

(3.) LEARNED counsel appearing for the petitioner submits that the Central Government repealed all the control orders applicable to PDS Dealer with effect from 31.8.2001 when Central Government promulgated Public Distribution System (Control) Order, 2001 whereby annexe 6 to the Public Distribution System Order does prescribe that the State Government are to issue an order under section 3 of the Essential Commodities Act regulating sale and distribution of the commodities relating to Public Distribution System but the State Government, Jharkhand has not issued any such order under Section 3 of the Public Distribution System (Control) Order, 2001 and thereby the PDS Dealers who even indulge themselves with the illegality and irregularity in the matter of distribution of essential commodities to the beneficiaries of the scheme cannot be prosecuted and in that event, case of the person other than PDS Dealer stands on better footing. Thus, prosecution against the petitioner gets vitiated.