IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No. 20126 of 2008
Date of Decision. November 27, 2008
Zakir Hussain ......Petitioner
Versus
State of Haryana and others .....Respondents
Coram Hon’ble Mr. Justice Hemant Gupta
Hon’ble Mr. Justice Nawab Singh
Present Mr. Satish Chaudhary, Advocate
for the petitioner.
Hemant Gupta , J (Oral )
The challenge in the present writ petition is to the
communication dated 27.10.2008 ( Annexure P1 ) whereby District Food
and Supplies Controller, Mewat has been directed to register a case against
the petitioner under the Essential Commodities Act, 1955 for selling
Kerosene oil to the persons other than the ration card holders and also for
irregularities etc. in maintenance of the Stock Registers. It was also found
that ration cards were checked which contain forged entries regarding
distribution of Kerosene oil from the month of August 2008 to September
2008.
The argument of learned counsel for the petitioner is that before
registration of a FIR, the petitioner has not been given show cause notice
which is required in terms of Section 6(A) of the Essential Commodities
Act, 1955.
We do not find any merit in the said argument. Section 6(A) of
the Act deals with confiscation of the essential commodities for violation of
the provisions of the Act. The action has not been taken for confiscation of
essential commodities but of violating the control orders in respect of
essential commodities and from making forged entries in the record.
In view of the said fact, we do not find any ground to interfere
against the order of registration of FIR.
Dismissed.
( Hemant Gupta)
Judge
November 27, 2008 ( Nawab Singh)
mamta Judge