Gajadhar Rajak v. The State Of Jharkhand

IN THE HIGH COURT OF JHARKHAND, RANCHI

Cr. M. P. No. 2637 of 2013

Gajadhar Rajak ..... Petitioner(s)

Versus

The State of Jharkhand …. Opp. Party(s) CORAM: HON’BLE MR. JUSTICE R. R. PRASAD

For the Petitioner(s) : Mr. Gautam Kumar, Advocate. For the State : Mr. Gouri S. Prasad, A.P.P. -----

02 /11.02.2014. Learned counsel appearing for the petitioner submits that upon search and seizure being effected by the Block Supply Inspector, a case has been registered against the petitioner being a dealer under the Public Distribution System, but on the day when the search and seizure was effected, the Block Supply Inspector had never been authorized by the State Government in terms of Clause 10 of the Public Distribution System [Control] Order, 2001 and, therefore, any prosecution of the petitioner would be bad, in view of the ratio laid down in the case of A loke Dutta Vs. State of Jharkhand [2013(2) East Cr. C. 133 (Jhrl )].

As prayed for, on behalf of the State, let this matter be listed on 4.03.2014 so that in the meantime, counter-affidavit be filed.

Let a copy of the order be handed-over to the learned counsel appearing for the State for needful.