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SANJAY KUMAR DWIVEDI
Vijay Sao – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Nilesh Kumar, the learned counsel for the petitioner and Mr. Jitendra Pandey, the learned counsel appearing on behalf of the State.
2. This petition has been filed for quashing of entire criminal proceeding including order dated 08.08.2007 by which cognizance has been taken sections 420, 120(b) of the I.P.C. and under section 2(b) 5(1) of Bihar Commodities Act and under section 7 of Essential Commodities Act against the petitioner in connection with Pratapur P.S. Case No. 25 of 2007, corresponding to G.R. No. 388 of 2007, pending in the Court of learned Sub-divisional Judicial Magistrate, Chatra.
3. The F.I.R was lodged by Supply Inspector alleging therein that on 17.05.2007 at about 2.30 P.M. he got information about the black marketing of rice and thereafter a team was constituted and raid was conducted in the house of Ram Kumar Sao wherein 195 bags of rice and 32 bags of wheat in which 23 bags, 13 drums of kerosene oil and other articles were found and accordingly the same has been seized. It is further alleged that a raid was also conducted in the house of Nawal Pd. Sao wherein illegal storages of wheat in 29 bags and 17 bags was found, which was seized. It
Unauthorized search and seizure by an authority not authorized by the State Government under the Public Distribution System (Control) Order, 2001, vitiates the institution of the FIR and criminal pro....
Unauthorized search and seizure by an unauthorised authority vitiates the institution of criminal proceedings under the Essential Commodities Act.
The main legal point established in the judgment is the supremacy of the Public Distribution System (Control) Order, 2001 over previous orders, and the requirement for authorized authority for search....
Unauthorized search and seizure by an unauthorised authority can vitiate the institution of a criminal proceeding.
The provisions of the Public Distribution System (Control) Order, 2001 prevail over previous orders of State Governments, and unauthorized search and seizure is illegal.
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....
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.
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