BALE HEMBRAM Vs. STATE OF JHARKHAND OPP

JUDGEMENT

(1.) HEARD learned counsel for the parties. .

(2.) THIS application has been filed for quashing of the FIR of Barharwa P.S. Case no. 96 of 2012 instituted under Section 7 of the Essential Commodities Act . It is the case of the prosecution that the Block Supply Officer, Barharwa, when received the information that two persons have been found indulging themselves in selling the articles subject matter of distribution under Public Distribution System, came to the spot and found that the villagers have apprehended two persons, namely Sarju Soren and Abhirul Islam, who were found in possession of 100 Kg. of Jharkhand Salt, which was meant to be distributed through the PDS dealer. On being quizzed, Sarju Soren disclosed that he had purchased the salt from Bale Hembrom, a PDS dealer. On such allegation, the case was registered as Barharwa P.S. Case No. 96/2012 under Section 7 of the Essential Commodities Act.

(3.) NOW coming to other aspect of the matter, the argument has been advanced on behalf of the petitioner that the Block Supply Officer, Barharwa who had made search and seizure, upon which, case has been registered, has not been authorized by the State Government to make search and seizure. This plea has not been controverted by the state Government either by way of submission or by way of filing counter affidavit. Nevertheless, to clause 10 of the said order needs to be referred to which reads as under: -