IMPORTANT POINT
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.

JUDGMENT :

Anil Kumar Choudhary, J.

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the entire criminal proceeding including the order dated 07.08.2023 by which cognizance has been taken for the offences punishable under Section 379/414 of the Indian Penal Code and under Section 7 of the Essential Commodities Act, in connection with Bishungarh P.S. Case No. 185 of 2022, pending in the court of learned Sub Divisional Judicial Magistrate, Hazaribagh.

3. The brief facts of the case is that the Supply Inspector, Bishungarh, on getting information from Supply Inspector, Hazaribagh that the truck bearing Registration No. JH02-AN 8540 loaded with illegal rice has been caught, found that the rice loaded in the said truck was to be used in Public Distribution System but the same was illegally transported for the purpose of black-marketing. The petitioner no.3 was the driver of the said vehicle and he informed that the rice belonged to the petitioner no.1. No valid documents could be shown by the petitioners. The rice weighed 232.20 quintals. Upon submission of the written report, Bishungarh P.S. Case No. 185 of 2022 was registered. Police took up investigation of the case and submitted charge sheet finding the offences punishable under Section 379/414 of the Indian Penal Code and under Section 7 of the Essential Commodities Act having been committed. The learned Magistrate has taken cognizance of the offences punishable under Section 379/414 of the Indian Penal Code and under Section 7 of the Essential Commodities Act.

4. The learned counsel for the petitioner submits that relying upon the Judgment of this Court in the case of Nimai Chandra Dey Vs. State of Jharkhand, reported in (2024) SCC Online Jhar 338 that Section 7 of the Essential Commodities Act envisages the punishment for violation of control order promulgated under Section 3 of the Essential Commodities Act but neither the petitioner has violated any control order nor there is mention of any control order of being violated by the petitioner, hence, the offence punishable under Section 7 of the Essential Commodities Act is not made out against the petitioner. It is lastly submitted that the portion of the order so far as it relates to the cognizance for the offence punishable under Section 7 of the Essential Commodities Act be quashed and set aside.

5. In support of her contention, the learned counsel for the petitioner also relies upon the Judgment of Hon’ble Supreme Court of India in the case of Kailesh Prasad Yadav & Another Vs. State of Jharkhand & Another, reported in (2007) 5 SCC 769 wherein the Hon’ble Supreme Court of India has observed that a valid seizure is a sine-qua-non for passing an order of confiscation of a property. Hence, it is submitted that the prayer as prayed for in this criminal miscellaneous petition be allowed.

6. Learned Special P.P, fairly submits that there is no allegation of any control order having been violated by the petitioner and learned Spl. P.P also does not know as to which control order has been violated and fairly submits that in absence of any violation of control order, the offence punishable under Section 7 of the Essential Commodities Act, is not made out but the learned Spl. P.P. further submits that so far as the offence punishable under Section 379/414 of the Indian Penal Code is concerned, the same is very much made out as all the essential ingredients of the said offences are present in the allegations made in the FIR, the case diary, and the charge-sheet, hence, there is no illegality in the order passed by learned S.D.J.M., Hazaribagh for having taken cognizance of the offence punishable under Section 379/414 of the Indian Penal Code. Hence it is submitted that the cognizance order so far as it relates to Section 379/414 of the Indian Penal Code ought not be interfered with. It is lastly submitted that this criminal