Ashok Kumar vs State of Haryana

A.P. Chowdhri, J.—This revision petition is directed against the order dated 10.7.1989 passed by the Special Judge, Rohtak, framing a charge against the Petitioner u/s 7 of the Essential Commodities Act for alleged contravention of provisions of the Haryana Kerosene Dealers Licensing Order, 1976. The case of the prosecution against the Petitioner is that the Inspector, Food and Supplies Department, on January 5, 1989 found on a persual of the sale register of Kerosene oil maintained by the Petitioner and on the basis of statement of eight PWs that bogus entries have been made with regard to sale of 8 liters of Kerosene oil to each one of them. With these findings, the present proceedings were initiated and the learned Special Judge framed the aforesaid charge. At the time of framing the charge it was brought to the notice of the Special Judge that the aforesaid Licensing Order had been amended by notification dated 25th January, 1986, according to which the power of entry, search and seizure, which was previously vested amongst others in the Inspector, Food and Supplies Department had been vested in senior officers of the Department, not below the rank of Assistant Food and Supplies Officer, who is admittedly senior in rank to the Inspector. The learned Special Judge took the view that recording of finding that the dealer has contravened the provisions of the Licensing Order, did not necessarily imply entry, search and seizure on the part of the Inspector. On the face of it, the above reasoning is difficult to support. Without entry, search and inspection of record it is not possible to come to the above finding. The Government in its wisdom had restricted the aforesaid power under Clause 11, Sub-clause (1) of the Haryana Kerosene Dealers Licensing Order, 1976, to senior officers. The entry, search and seizure by the Inspector were thus without any authority of law. The proceedings are, therefore, quashed.