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. 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 is a registered dealer for

purchase and sale of food grains and in the absence of

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corroborative material that the food grains seized in the

godown of the petitioner-accused 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 respondent-Sta