S. K. PHAUJDAR AND J. C. MISRA, JJ.

( 1 ) THE matter was heard yesterday, and, as directed, the order is being recorded today.

( 2 ) IN this writ petition the petitioner has made a prayer for quashing an F. I. R. dated 17. 12. 1997 in case Crime No. 1005 of 1997, under Section 3/7 of the Essential Commodities Act, P. S. Kotwali, district Mirzapur, and for a consequential direction of protection against arresl of the petitioner in the instant case.

( 3 ) THE F. I. R. was lodged by Sri Abhimanyu Dubey, Sub-Inspector of Police and officer in-charge of the Mandi Samiti outpost of P. S. Kotwali Katara, District Mirzapur. It was indicated in the F. I. R. that he and other police personnel had intercepted a truck of one Shanker lal Kasera, which was being loaded with bags of fertilisers. The present petitioner was allegedly the driver of the said truck. In all 90 bags of fertiliser were recovered. Allegations of violation of the provisions of the Fertiliser Control Order were made.

( 4 ) TWO points were raised by the petitioner in pressing the writ petition. It was stated that the police officer had no authority to make a search and seizure as he was not empowered under order XXVII as an

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