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IN THE HIGH COURT OF JUDICATURE AT PATNA
Shailendra Singh
Manoj Kumar Sah, Son of Durga Prasad Sah – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. petition details and initial allegations (Para 2 , 3) |
| 2. arguments around authorization and legitimacy of the search (Para 4 , 5) |
| 3. court's evaluation of the search authority and pertinence to past verdicts (Para 6 , 7) |
| 4. legitimacy of investigations without proper authorization (Para 8) |
| 5. final decision and dismissal of the petition (Para 9 , 10 , 11) |
JUDGMENT :
Shailendra Singh, J.
Heard Mr. Raj Kumar, learned counsel appearing for the petitioner and Mr. Binod Kumar No.3, learned APP for the State.
2. The present petition has been filed under Section 482 of the Code of Criminal Procedure ( in short ‘Cr.P.C.’) with a prayer to quash the order dated 02.12.2014 passed by learned Sub-Divisional Judicial Magistrate, Purnea (S.D.J.M., Purnea) whereby and whereunder the cognizance of the offence under Section 7 of the Essential Commodities Act (in short ‘E.C. Act’) has been taken against the petitioner in connection with G.R. Case No. 1259 of 2014 arising out of K. Hat (Sahayak) P.S. Case No. 210 of 2014.
3. As per the prosecution’s allegation, petitioner’s restaurant was raided by a team headed by an Assistant District Supply Officer -cum- Senior Deputy Collector and altog
The court affirmed that a search and seizure under the Essential Commodities Act by authorized officers is valid, regardless of the petitioner's claims of unauthorized action and liability as a priva....
Black-marketing of Gas Cylinders – Where a power is given to do a certain thing in a certain way, thing must be done in that way or not at all.
Point of Law : Under Section 7 of Act, power to impose penalty is upon Court and not on District Collector.
The absence of a prima facie case and lack of proper authorization for inspection led to the quashing of the FIR against the Petitioners under the Essential Commodities Act.
The main legal point established is that the existence of strong suspicion, based on material such as witness statements, is sufficient to warrant a trial. Additionally, the burden is on the prosecut....
Unauthorized search and seizure by an unauthorised authority can vitiate the institution of a criminal proceeding.
A reasoned order is essential when framing charges under the Essential Commodities Act, ensuring judicial scrutiny of the evidence and arguments presented.
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