BISHNU AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) - Learned counsel appearing for the petitioner submits that earlier first information report of Jorapokhar P.S. Case No. 249 of 2012 registered under Sections 414/420/120B of Indian Penal Code and under Sec. 7 of Essential Commodity Act was sought to be quashed but during pendency of this application when cognizance of the aforesaid offences was taken vide order dated 17.11.2013, that has also been challenged to be bad.

(2.) Learned counsel for the petitioner submits that it is the case of the prosecution that while an Auto Rickshaw was carrying 38 bags of rice, it was intercepted and the bags of rice as well as machine, meant for sewing the bags etc., were seized and a case was lodged which was registered as Jorapokhar P.S. Case No. 249 of 2012 on the premise that the petitioner has indulged himself in selling rice in the black market though it were meant for distribution under the PDS Scheme. After investigation, charge-sheet was submitted upon which cognizance of the offence punishable under Sections 414/420/120B of Indian Penal Code and under Sec. 7 of Essential Commodity Act was taken vide order dated 17.11.2013, which is under challenge.

(3.) Mr. Nilesh Kumar, learned counsel appearing for the petitioner, submits that the Central Government has repealed all the control orders applicable to PDS Dealer with effect from 31.8.2001 when the Central Government promulgated Public Distribution System (Control) Order,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 Sec. 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 Sec. 3 of the Public Distribution System (Control) Order, 2001 and thereby the PDS Dealers, 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.