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SANJAY KUMAR DWIVEDI
Keshav Pramanik – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Rajeeva Sharma, learned senior counsel appearing for the petitioner and Mr. Pankaj Kumar, learned P.P. for the State.
2. This petition has been filed for quashing of the entire criminal proceedings and the First Information Report, in connection with Pakur (Muffasil) P.S. Case No. 213 of 2012 corresponding to G.R. No. 614 of 2012 registered under Section 7 of the Essential Commodities Act, pending in the court of learned Sub-Divisional Judicial Magistrate, Pakur.
3. The allegations leveled against the petitioner in the First Information Report are as follows:-
(b) Shop was found closed on inspection.
(c) Petitioner was not present at the time of inspection.
(d) There was no board displaying price-list.
4. Mr. Sharma, the learned Senior counsel appearing for the petitioner submits that the petitioner has distributed entire ration and no case under section 7 of the Essential Commodities Act has been made out. He submits that the petitioner has not sold the rice in open market and the same has been properly distributed to the concerned card holders. He submits th
The provisions of the Public Distribution System (Control) Order, 2001 prevail over previous orders of State Governments, and unauthorized search and seizure is illegal.
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 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.
Procedural lapses in FIR registration render subsequent search and seizure invalid, emphasizing the importance of following legal protocol in criminal actions.
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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