TARA PRASANNA DUTTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the opposite party No. 2. This application has been filed for quashing of the order dated 13.6.2008 passed by the then Sub-Divisional Judicial Magistrate, Ranchi in G.R. No. 1740 of 2008 whereby and whereunder cognizance of the offence punishable under Section 7 of the Essential Commodities Act has been taken for violation of the provision as contained in sub-clause (c) of Clause 7 of the L.P.G. (Regulation of Supply & Distribution) Order, 2000.

(2.) It is the case of the prosecution that when search was made by Marketing Officer (Rationing) on the order of Additional District Magistrate (Law and Order), Ranchi in the premises of a hotel belonging to this petitioner, three cylinders were found. One cylinder was found lying over there empty, other one was fitted with regulator whereas third one filled up. The Manager of the Hotel could explain that on account of being consumer they have right to keep two cylinder. However, no explanation at that point of time was given with respect to one cylinder and thereby a case was lodged by the Marketing Officer (Rationing), Ranchi which was registered as Kotwali P.S. case No. 312 of 2008 under Section 7 of the Essential Commodities Act and also under Section 3(1-c) of the L.P.G. (Regulation of Supply & Distribution) Order, 2000 and the matter was taken up for investigation.

(3.) After completion of investigation, charge-sheet was submitted, upon which cognizance of the offence under Section 7 of the Essential Commodities Act was taken, vide order dated 13.6.2008 which is under challenge.