Application under Section 482 Cr.P.C. to quasha prosecution under Essential Commodities Act was dismissed as devoid of merits. The court held that the innocence of the applicant must be ascertained during the trial.
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Court No. - 34
Case :- APPLICATION U/S 482 No. - 13122 of 2020
Applicant :- Babita Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Dev Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.
The only submission of learned counsel for the applicant to seek for quashing of the proceedings of Case Crime No. 228 of 2018 under Section 3/7 of Essential Commodities Act, Police Station Jahangirabad, District Bulandshahr is that the applicant was neither a fair price shop dealer nor had been indulged in the sale of kerosene oil. Her husband who was a fair price shop dealer in the year 2001 had been killed by some unknown person. The family members of one Ram Kumar Gupta who is also residing in the same locality are running a fair price shop and they have indulged in black marketing of essential commodities. A first information report dated 23.4.2018 was lodged against them on the allegation of illegal accumulation of diesel.
It is contended that an incident of fire had occurred in their premises. During the search, illegal containers though were seized by the police but had not been taken away and kept in the locality itself. The house of the applicant being adjacent to the site of the said incident, the report dated 7.5.2018 on false allegations of black marketing had been lodged against her.
The submissions of learned counsel for the applicant seems to be a story narrated by the applicant for which there is no foundation. The clear and categorical averment in the first information report is with regard to a raid conducted by the competent authorities in the premises owned by the applicant herein. The kerosene drums were seized and a case under Section 3/7 of Essential Commodities Act has been lodged.
This Court cannot take any exception to the evidence gathered by the Investigating Officer in submission of charge sheet/report before the concerned court. The innocence of the applicant can only be ascertained during the course of trial on appreciation of evidence.
No interference is required at this stage.
The application under Section 482 Cr.P.C. is dismissed being devoid of merits.
Order Date :- 7.9.2020 Brijesh
Babita
State of U.P.
Sunita Agarwal
As recorded by the court registry
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