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| ‘Police fails to establish case’ | | Court discharges father, son from charges | | Early Times Reporter
Jammu | Jan 10
The 3rd Additional Sessions Judge Jammu Mr. Sanjay Gupta discharged Ujagar Singh and his son Deepak Kumar resident of ward No 5 RS Pura at the stage of framing charges, who were booked by the RS Pura police under Essential Commodities Act as the police failed to establish that cement comes under the said Act .The Court directed SSP Border to enquire personally as to how the challan was prepared and passed without complying the mandate of law.
According to the police case on June 12, 2007 SHO P/S RS Pura along with other police personnel were on patrolling duty, during patrolling reached Khumb, they found that Ujagar Singh and his son Deepak were unloading Government cement from the tipper and were placing the same in their shop. When SHO asked for documents, the accused could not produce any document, the police seized cement and vehicle and registered a case u/s 3/7 EC Act and started investigation. During the investigation the police found that accused Ujagar Singh obtained 100 bags of cement from PWD store Vikram Chowk Jammu on the name of Romesh Kumar for Government work at Bishnah. Both the accused took the cement to their shop for making illegal profit instead of performing Government work at Bishnah. Investigating officer proved offence u/s 3/7 EC Act against persons and presented challan in the Court of law.
Taking serious note of the functioning of IO, the Court observed that for holding a person responsible u/s 3/7 EC Act, their should be an order issued by the Government in respect of Essential Commodities in terms of section 3 of EC Act. Unless there is an order issued u/s 3, the question of his violation does not arise. If there is no violation there can be no prosecution. The person can be prosecuted only when he violates any order with regard to essential commodity given in the Act or in schedule of the Act, as already admitted by the IO that the cement does not fall in the category of EC Act, so accused cannot be charged u/s 3/7 of the Act. With these observations, Court discharged both the accused at the stage of framing charge. JNF |
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