Back
SANJAY KUMAR DWIVEDI
Vijay Saw @ Bijay Saw – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Harsh Chandra, learned counsel appearing for the petitioner and Mr. Gaurang Jajodia, learned A.C. to G.P.-II, appearing for the State.
2. This petition has been filed for quashing of the entire criminal prosecution including the First Information Report, in connection with Adityapur P.S. Case No. 156 of 2015 (G.R. No. 453 of 2015), registered for the offence punishable under Section 7 of the Essential Commodities Act read with Sections 420/468/471 of the Indian Penal Code, pending in the court of learned Chief Judicial Magistrate, Seraikella.
3. The prosecution case was lodged by one Yogendra Prasad Sharma, Block Supply Officer, Gamharia against the petitioner with the following allegations:-
On 16.4.15 at 6 A.M. he along with police patrolling party caught a tempo bearing registration No. JH 05AC/8038 while unloading rice (Usna) at the godown of Vijay Saw at Dindli Basti. The tempo was loaded with 20 packets of rice out of which three packets were already unloaded. Regarding 17 bags no evidence could be produced regarding the said rice and the same was brought to the Police Station and their measurement was done on the basis of weight mentioned on the bags. The we
Non-compliance with statutory provisions, such as the requirement of prior concurrence of the Central Government and publication of notifications in the official Gazette, can vitiate criminal proceed....
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....
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 that 'rice' is considered an essential commodity under the Essential Commodities Act, 1955, and is subject to seizure and confiscation under Sectio....
Cognizance under IPC Sections 379 and 414 upheld due to specific allegations, while cognizance under Section 7 of the Essential Commodities Act quashed for lack of control order violation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
