ANITA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed for quashing bf the First Information Report of Meherma P.S. Case No. 154 of 2011 (G.R. No. 1212 of 2011) instituted under Sections 7 and 8 of Essential Commodities Act.

(2.) THE case of the prosecution as it appears from the FIR is that when five bags containing rice were being carried over a Tamtam, it was intercepted by the villagers. On being quizzed Tamtamwala disclosed that at the instance of Ajay Poddar he had brought said bags of rice from the house of one Anita Devi. a P.D.S. Dealer. When such information was received by the In -charge Block Supply Officer Meherma he came at the spot and seized the bags of rice under a seizure list and also raided the shop of Anita Devi but it was found closed. Thus it was alleged that Ajay Poddar had purchased the said bags or rice from the shop of Anita Devi. a P.D.S. Dealer for the purpose of selling it in the black market.

(3.) THE First Information Report is being sought to be quashed on the ground that the In -charge Block Supply Officer. Meherma, who had seized five bags of rice upon which a case was registered, had never been authorized to make search and seizure in terms of Clause 10 of the Public Distribution System (Control) Order. 2001.