BHABANAND SAHU Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Petitioner has invoked the inherent jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure, praying for quashing of the entire criminal proceeding including the order dated 28.3.1999 whereby cognizance for the offence under Sections 7 and 10 of the Essential Commodities Act was taken against the petitioners by the Special Judge, E.C. Act at Jamshedpur vide G.R. No. 1639 of 1998 arising out of Sakchi P.S. Case No. 148 of 1998. The main ground in support of the prayer for quashing the order of cognizance as also the entire criminal proceeding is that the learned Court below has not applied its judicial mind to the allegation as appearing in the F.I.R., nor the fact that even on the basis of the entire statements as contained in the First Information Report, no offence whatsoever is made out under either of the aforesaid sections of the E.C. Act and therefore, continuance of the proceeding against the petitioners pursuant to the impugned order of cognizance, is an abuse of the process of the Court.

(2.) Heard learned counsel for the petitioner and learned counsel for the State.

(3.) Allegation in the F.I.R. on the basis of which the case was registered at the police station is that in the morning of 20.8.1998 respondent No. 4 and other officials of the Rationing Department inspected the business premises of the petitioner and in course of inspection, he found that neither the price, nor the stock of the commodities was displayed on the display board and further, that 28 quintals 39 Kg of edible oil was found within the premises which, according to the informant, was beyond the storage limit permissible under the Licence in violation of Essential Articles (Prices and Display) Order, 1977 and also violation of Bihar Trade Articles (Licences Unification) Order, 1984 and calls for punishment under Sec. 7 of the E.C. Act. On submission of charge-sheet by the investigating officer at the conclusion of the investigation, recommending trial of the petitioner under Sections 7/10 of the E.C. Act the learned Court below vide its impugned order dated 28.3.1999 proceeded to take cognizance of the aforesaid offences against the petitioner.