Excelsior Correspondent
JAMMU, Sept 4: High Court has held that in the absence of notification the continuance of proceedings under Sections 3/7 of the Essential Commodities Act is nothing but an abuse of process of law.
Justice Rajnesh Oswal passed this judgment in a petition filed by one Surinder Singh for quashing the order dated 08.10.2012 passed by the Principal Sessions Judge Jammu by virtue of which order dated 15.02.2011 passed by the Chief Judicial Magistrate, Jammu was set aside.
The allegation against the petitioner is that on 31.05.2008, SHO, Police Station Jhajjar Kotli raided the shop of the petitioner and recovered five plastic gallons containing about 100 liters of diesel. 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 was registered.
After hearing Advocate Dheeraj Choudhary for the petitioner whereas AAG Aseem Sawhney for the UT, Justice Rajnesh Oswal observed, “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. In the 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”, High Court said.
With these observations, High Court allowed the petition and set-aside the order of Sessions Court and upheld the discharge of the petitioner.
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