Learned HCGP accepts notice for the respondent-

State.

The Police, after investigation submitted the charge

sheet for the offences punishable under Sections 3 and 7 of the

Essential Commodities Act, 1955 alleging that food grains

meant for distribution under public distribution scheme were

stacked unauthorisedly by the petitioner-accused No.2. The

learned Magistrate after accepting the charge sheet, took

cognizance for the aforesaid offences and issued summons.

Taking exception to the same, this petition is filed.

3.

Learned

counsel

appearing

for

the

petitioner

submits that the petitioner-accused No.2 is a registered dealer

for purchase and sale of food grains and in the absence of

corroborative material that the food grains seized in the

- 3 -

godown of the petitioner-accused No.2 were meant for

distribution under public distribution scheme, the charge sheet

filed by the police is without any substance. He further submits

that food grains is alleged to have been seized without

registering First Information Report at the first instance and the

same is impermissible and violative of the Article 21 of the

Constitution of India.

4.

On the other hand, the learned HCGP appearing for

the