The main legal point established in the judgment is that individuals who are neither licensees nor dealers under the Essential Commodities Act cannot be prosecuted under the Act.

1. Heard learned counsel for the parties.

2. This petition under Section 482 of the Cr.P.C has been filed for quashing the order dated 20.03.2014 passed by the learned District & Sessions Judge, Katihar in Criminal Revision No. 95 of 2013, dismissing revision petition of the petitioner as well as order taking cognizance dated 08.05.2013 passed by learned Chief Judicial Magistrate, Katihar in Korha P.S. Case No. 34 of 2013.

3. Briefly stated, the facts of the case is that FIR was lodged at the instance of Sub Divisional Agriculture Officer, Katihar, on 02.03.2013 at about 5:00 pm in the evening when the informant was directed to take necessary action against the illegal unloading of fertilizers from a truck in the Gairabari Basti Area.

4. It has been further alleged that the informant found as many as 102 bags of Narmada Brand Calcium Ammonium Nitrate Fertilizer manufactured by Gujarat Valley Fertilizers Company Limited. It was found that godown belonged to Anant Kumar and the truck was seized along with 180 bags of Narmada Brand Fertilizers, which was brought to the police station and the Truck Driver and conductor produced the fertilizers challan of M/s Green Myriad Agerain Pvt. Ltd. The said stock on the truck as per the challan was being forwarded to Siliguri. The Truck Driver and conductor were unloading the fertilizer stock at the godown of Anant Kumar Mahto, which is in violation of Section 7 of Essential Commodities Act.

5. Police after investigation submitted chargesheet in the court of learned C.J.M. Katihar. The petitioner was not sent up by the police and no chargesheet was submitted against him. However, learned C.J.M. Katihar by his order dated 08.05.2013 took cognizance under Section 7 of the Essential Commodities Act against all, including the petitioner. The petitioner being aggrieved by the said order filed Criminal Revision No. 95 of 2013 in the court of District and Sessions Judge, Katihar, which was dismissed.

6. It has been contended on behalf of the learned counsel for the petitioner that no material was found in course of investigation by the police about the complicity of petitioner and in absence of such material, petitioner was not chargesheeted and as such there was no occasion for learned C.J.M. to differ with the opinion of the police and took cognizance against him.

7. Learned counsel for the petitioner has submitted that no offence under Section 7 of the E.C. Act is made out against the petitioner. Articles in question are decontrol fertilizers and are not controlled items. No licence is required for carrying on the business of fertilizer and there is no storage limit and price control and requirement to maintain the stock register, cash memo for sale and purchase of decontrolled fertilizers. From the challan as enclosed in the petition, it is apparent that decontrol fertilizers were seized and purchase, movement, sale, supply and distribution or storage for sale is not controlled and does not come under the definition of essential commodities. There is no material on record that the seized fertilizers were subsidized articles of any scheme of Government meant for PDS, as such no offence under Section 7 of the E.C. Act is made out and as such the order taking cognizance dated 20.03.2014 as well as whole proceeding arising out of Korha P.S. Case No. 34 of 2013, be quashed.

8. Learned counsel for the petitioner relies upon a judgment of this Court in the case of Arvind Kumar vs the State of Bihar reported in 2014(4) PLJR 255, in which it has been held that no prosecution under the Essential Commodities Act could be launched against a private person. For any violation of the provisions of the Essential Commodities Act, only the agents or the PDS dealers could be prosecuted. Para 7 of the said judgment is relevant, which is quoted hereinbelow:-

"The Essential Commodities Act has been framed for the benefit of consuming public. For any violation of the provisions of the Essential Commodities Act or