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| Proceedings in EC Act without notification abuse of Law: HC | | | EARLY TIMES REPORT
JAMMU, Sept 4: Justice Rajnesh Oswal of Jammu & Kashmir High and Ladakh High Court holds that in absence of notification, the continuance of the proceedings under sections 3/7 of the Essential Commodities Act, shall be nothing but an abuse of process of law.
This significant judgement has been passed in a petition filed by one Surinder Singh for quashing the order dated 08.10.2012 passed by the Principal Sessions Judge, Jammu (hereinafter to be referred as the revisional court) by virtue of which order dated 15.02.2011 passed by the Chief Judicial Magistrate, Jammu (hereinafter to be referred as the trial court) discharging the petitioner, was set aside.
The allegation against the petitioner is that on 31.05.2008, SHO, Police Station Jhajjar Kotli along with police party was on the patrolling duty in a Government vehicle at Kah Fota area and during patrolling, SHO received information from the reliable sources that the petitioner is indulging in illegal sale of diesel and is earning undue profits and that the petitioner was having in his possession diesel in his Karyana shop.
On the basis of said information, the SHO along with police party raided the shop of the petitioner and in the shop five plastic gallons containing about 100 liters of diesel were found. As such, the petitioner by keeping in his shop 100 liters of diesel for illegal sale has committed offence under sections 3/7 of the Essential Commodities Act.
Thereafter, FIR bearing No. 57/2008 under sections 3/7 of Essential Commodities Act was registered at Police Station, Jhajjar Kotli. Justice Rajnesh Oswal after hearing Adv Dheeraj Choudhary for the petitioner whereas AAG Aseem Sawhney for the UT observed that when no notification/order under section 3 of the Essential Commodities Act prohibiting the possession of particular quantity of diesel has been placed on record, the petitioner cannot be prosecuted and convicted under section 7 of the Essential Commodities Act.
Needless to say that the present petition has remained pending for 9 years and during this period as well, the respondent has not been able to place on record any such notification/order issued under section 3 of Essential Commodities Act.
This Court is of the considered view that in absence of such notification, the continuance of the proceedings under sections 3/7 of the Essential Commodities Act, shall be nothing but an abuse of process of law.
With these observations, High Court allowed the petition and set-aside the order of Sessions Court and upheld the discharge of the petitioner. (JNF) |
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