GANESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed for quashing of the order dated 14.5.2012 passed by the Judicial Magistrate, 1st class, Dhanbad in connection with Govindpur P.S. case no.122 of 2012 whereby and whereunder cognizance of the offence has been taken under Section 7 of the Essential Commodities Act against the petitioner.

(2.) IT is the case of the prosecution that on 29.3.2012 when the Block Supply Officer laid a raid in the Hotel named as 'Shera Balia, he found this petitioner present over there, who was found in possession of 390 liters of K. Oil which was suspected to have been brought from the PDS shop. On such allegation, Block Supply Officer lodged a case which was registered as Govindpur P.S. case no.122 of 2012. On completion of investigation charge sheet was submitted, upon which cognizance of the offence was taken on 14.5.2012 under Section 7 of the Essential Commodities Act which is under challenge.

(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 LEARNED counsel appearing for the petitioner submits that the Central Government repealed all the control orders applicable to PDS Dealer with effect from 31.8.2001 when Central Government promulgated Public Distribution System (Control) Order, 2001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 Government of 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.