KRISHNAPADA AICH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) SECTION 239 of the By the Court. - This application has been filed for quashing of the FIR of Bahragora PS Case No. 33 of 2012 instituted under Section 7 of the Essential Commodities Act.

(2.) IT is the case of the prosecution that on 17.5.2012 when one Kunj Bihari Bir was taking 100 liters of K. Oil on his by -cycle, he was intercepted by the villagers and was brought to Police Station where he confessed that he had brought it from the PDS shop of this petitioner for selling it in black market.

(3.) THE said FIR is being sought to be quashed on the ground that K. Oil subject matter of prosecution, relating to transaction of business of the fair price shop has been seized by the Supply Inspector -cum -Block Supply Officer, Bahragora but they had never been authorized to make search and seizure in terms of Clause 10 of the Public Distribution System (Control) Order, 2001.