BHUWNESHWAR GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS application has been filed for quashing the order dated 24.9.2008 passed by learned Sub -Divisional Judicial Magistrate, Bermo at Tenughat in Nawadih P.S. Case NO.4 of 2008 (G.R. No. 49 of 2008) whereby and whereunder cognizance of the offence under Section 7 of the Essential Commodities Act has been filed against the petitioner.

(3.) I do find substance in the submission advanced on behalf of the petitioner. It appears that the case was lodged against the petitioner when this petitioner was taking 6 quintals of rice on an autorickshaw on the assumption that the rice was being taken to elsewhere than the school. I am at loss as to how the said allegation does constitute offence under Section 7 of the E.C. Act, moreover there has been no mentioning of contravention of any of the provision of the Control Order.