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SANJAY KUMAR DWIVEDI
Birendra Prasad Bhagat @ Virendra Prasad Bhagat, son of Gandauri Prasad Bhagat – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Nilesh Kumar, the learned counsel appearing for the petitioner and Mr. Saket Kumar, the learned counsel appearing on behalf of the respondent State.
2. This petition has been filed for quashing of the entire criminal proceedings including the order dated 23.6.2012 passed by Judicial Magistrate, Hazaribagh, by which congnizance has been taken against the petitioner under section 7 of the Essential Commodities Act in connection with Barhi P.S.Case No.290 of 2011 corresponding to G.R.Case No.2792 of 2011, pending in the court of learned Judicial Magistrate, Hazaribagh.
3. The case was lodged alleging therein that on the basis of written report of Supply Inspector cum Incharge Block Supply Officer, Barhi dated 16.10.2011 in which he has alleged that rice 736 bags weighing about 366.20 quintals and wheat 97 bags weighing about 47.85 quintals recovered from the house cum godown of the petitioner. On suspicion of black marketing a case was lodged as against the petitioner for offence under section 7 of the Essential Commodities Act.
4. Mr. Nilesh Kumar, the learned counsel appearing for the petitioner submits that the learned court has taken cognizance under section 7
Unauthorized search and seizure by an unauthorised authority vitiates the institution of criminal proceedings under the Essential Commodities Act.
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....
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....
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.
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.
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