DEOKI RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed for quashing of the order dated 2.7.2011 passed by the Judicial Magistrate, Chatra in Tandwa P.S. case no.3 of 2011 whereby and whereunder cognizance of the offence has been taken under Section 7 of the Essential Commodities Act against the petitioner and others.

(2.) IT is the case of the prosecution that from the shop of this petitioner a dealer under Public Distribution System, when 10 bags of rice weighing 50 quintals were being taken on a auto -rickshaw for selling it in black market, it was intercepted by the villagers, who informed about it to Block Supply Officer, Tandwa, who came over there and made enquiry from the villagers and came to know that the auto driver was taking rice out of shop of this petitioner, a dealer under Public Distribution System for selling it in black market which was seized by him.

(3.) THE order taking cognizance is being sought to be quashed on the ground that, rice subject matter of prosecution, related to transaction of business of fair price shop has been seized by the Block Supply Officer, Tandwa but he has never been authorized to make search and seizure in terms of clause 10 of the Public Distribution System (Control) Order, 2001.