ROPA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed for quashing of the entire criminal proceeding of Kuru P.S case no.29 of 2012 including the order dated 23.5.2012 whereby and whereunder cognizance of the offence punishable under Section 7 of the Essential Commodities Act has been taken against the petitioner.

(2.) IT is the case of the prosecution that on receiving secret information that the petitioner has indulged himself in selling K. Oil clandestinely. The Block Supply Officer, Senha reached at the business premises of the petitioner where one Raju Sahu was found present with one Auto rickshaw. The said Raju Sahu on being quizzed disclosed that he had purchased 600 liters of K.Oil from this petitioner @Rs.20/ - per liter. Even the petitioner accepted this fact. Therefore, a case was lodged alleging therein that K. Oil which was meant for distribution among the cardholders was sold in black market.

(3.) MR . Nilesh Kumar, learned counsel appearing for the petitioner submits that the Central Government has repealed all control order applicable to PDS Dealer with effect from 31.8.2001 when Central Government promulgated Public Distribution System (Control) Order, 2001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 Act regulating sale and distribution of the essential 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 Dealer 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. Therefore, prosecution against the petitioner gets vitiated.