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BIBEK CHAUDHURI
Ram Sagar Choudhary, S/o. Ramotar Choudhary – Appellant
Versus
State Of Bihar, Through The Principal Secretary Food And Civil Supply Dept. Govt. Of Bihar – Respondent
ORDER :
(Bibek Chaudhuri, J.)
1. Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The petitioner has filed the instant writ application for issuance of writ in the nature of Certiorari directing the investigating authority to stop investigation on quashment of the First Information Report in connection with Parbatta P.S. Case No. 108/2018 under Section 7 of the Essential Commodities Act.
3. The case of the petitioner in brief is that the petitioner is the proprietor of the M/S Sagar Food Products Karna Rice Mill and he has been running the aforesaid mill for quite some time. One Upendra Kumar Singh, the Assistant District Supply Officer, Khagaria-cum-Block Supply Officer, Parbatta lodged a FIR against petitioner stating inter alia that total 104 bags containing 50 kg subsidized rice were recovered from a Tata magic van in front of M/S Sagar Food Product Karna Rice Mill which belonged to the petitioner. Moreover 5 bags of the rice was recovered from the premises of the rice mill. It is alleged that the said rice seized by the Assistant District Supply Officer was controlled products under the Essential Commodities Act and the petitioner was in unlawfu
FIR under Section 7 of the Essential Commodities Act cannot be instituted post removal order of 2002; court quashed the FIR due to lack of evidence and malicious intent.
Procedural lapses in FIR registration render subsequent search and seizure invalid, emphasizing the importance of following legal protocol in criminal actions.
Mandatory registration of FIR is required for cognizable offences, and failure to adhere to this process invalidates subsequent legal actions.
Mandatory registration of FIR is required for cognizable offences, and unlawful seizure of goods without proper procedure contravenes established legal principles.
Section 7 of the Essential Commodities Act is attracted only when there is a contravention of the provisions of any order issued under Section 3. The prosecution under Section 7 cannot be sustained i....
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