Manoj Saw @ Manoj Kumar Barnwal vs The State of Jharkhand

D.K. Sinha, J.—Petitioner has invoked the inherent jurisdiction of this Court u/s 482 of the Code of Criminal Procedure for quashment of the entire criminal proceedings arising out of Gomia P.S. Case No. 163/2010, corresponding to G.R. No. 841/2010 for the alleged offence u/s 7 of the Essential Commodities Act, 1955, pending before the Additional Chief Judicial Magistrate, Bermo at Tenughat, vide T.R. No. 1164/2010.

Prosecution story in short was that the informant Supply Inspector in his written report presented before the Gomia police on 4.9.2010 stated that he received secret information that 120 packets of rice, which belonged to the Food Corporation of India (FCI), were stored in the house of one Charo Marandi, resident of Jarkunda Tola of Chiddi Panchayat to be sold in the black market. He passed the information to the Block Development Officer, Gomia and a team was constituted comprising the Block Development Officer, Gomia and the house of Charo Marandi was raided. On search, 120 packets of rice other empty bags and an electric weighing machine were found. On query, Charo Marandi apprised the raiding party that he had let out the storeroom to the Petitioner Manoj Saw @ Manoj Kumar Barnwal of Gola Chowk, Bishnugarh Block, Hazaribagh. In the meantime, a 407 Truck No. JH-02-E-2341 arrived there and on interrogation, one of them disclosed himself to be Manoj Saw, who had come for loading and transportation of the rice packets on the said vehicle. He was immediately arrested and he confessed that the packets of the rice belonged to him and that he had come for transportation of the said packets to different place. All the aforesaid articles including the truck and 57 quintals 40 kg. rice were seized against the seizure list.

Learned Counsel Mr. Banerjee submitted that the Petitioner had purchased 120 bags of rice on 2.9.2010 from one Vijay Kumar Barnwal as against the receipt No. D-136461, issued under Jharkhand Agricultural Produce Markets Act, 2000 by Agricultural Produce Market Committee, Hazaribagh. Petitioner had not violated any order or notification issued u/s 3 of the Essential Commodities Act so as to call for his punishment u/s 7 of the Essential Commodities Act. He was neither a Dealer under the Public Distribution System (PDS) nor a licensee under the Jharkhand Trade Article (L.U.) Order and in absence of allegation with respect to violation of any control order or unification order as framed u/s 3 of the Essential Commodities Act, any criminal prosecution against the Petitioner was not maintainable and the Petitioner cannot be said to have committed any offence much less offence alleged u/s 7 of the Act.

Finally, Mr. Banerjee submitted that restriction from the storage, sale and transportation of wheat, rice and other foodgrains have been lifted by Notification No. 559 dated 24.4.2002, issued by the Government of Jharkhand, Department of Food, Civil Supply and Commerce and therefore, the Petitioner being found in possession of 120 bags of rice, total about 57 quintals 40 kg., did not entail any criminal offence to be alleged against him. He is already on bail and since no offence is made out, his entire criminal prosecution may be quashed.

Heard Mr. Hatim, the learned A.P.P. on behalf of the State.

Having regard to the facts and circumstances of the case, I find that the FIR did not disclose the nature of offence alleged to be committed by the Petitioner except the wild allegation that 120 packets of rice were kept in the storage of the Petitioner to be sold in the black market but without any evidence. It is nowhere alleged that what provision of Control Order or Unification Order as framed u/s 3 of the Essential Commodities Act has been violated by the Petitioner so as to attract punishment u/s 7 of the Essential Commodities Act. I find that by the letter dated 24.4.2002, issued by the Government of Jharkhand, Department of Food, Civil Supply and Commerce, storage limit, transportation and control relating to licensing of wheat, rice and other foodgrains have been lifted, therefore, the criminal proceedings of the Petitioner would tantamount to miscarriage of justice. Accordingly, this petition is allowed and the criminal proceedings of the Petitioner Manoj Saw @ Manoj Kumar Barnwal, arising out of Gomia P.S. Case No. 163/2010, corresponding to G.R. No. 841/2010 is quashed.