Case Note & Summary
The applicant, Bhagwan S/o Namdeo Dawkhar, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.3031/2016 registered at Police Station, Ambad, District Jalna for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955. The applicant contended that the FIR was lodged without obtaining mandatory sanction under Section 6A of the Act and that the search and seizure were conducted without proper authorization. The court examined the provisions of the Essential Commodities Act and found that the prosecution was initiated without the requisite sanction, which is a condition precedent. Additionally, the search was not conducted in accordance with law. Consequently, the court allowed the application, quashed the FIR and all consequential proceedings. The judgment was delivered by a division bench of S.S. Shinde and K.K. Sonawane, JJ., on 21st March, 2017.
Headnote
A) Criminal Procedure - Quashing of FIR - Inherent Powers under Section 482 CrPC - Essential Commodities Act, 1955 - Sections 3 and 7 - Sanction under Section 6A - The court considered whether the FIR could be quashed for non-compliance with mandatory sanction requirements and invalid search. Held that the absence of sanction and proper authorization vitiates the prosecution. (Paras 2-5)
Issue of Consideration
Whether the FIR and proceedings under the Essential Commodities Act, 1955 can be quashed for lack of mandatory sanction and invalid search.
Final Decision
The court allowed the application, quashed FIR No.3031/2016 and all consequential proceedings.
Law Points
- Essential Commodities Act
- 1955
- Sections 3
- 7
- 6A
- sanction requirement
- search and seizure
- quashing of FIR
- inherent powers under Section 482 CrPC
Case Details
2017 LawText (BOM) (03) 91
Criminal Application No. 2 of 2017
S.S. Shinde, K.K. Sonawane
Mr.S.J. Salunke (for applicant), Mr. M.M. Nerlikar (APP for Respondent/State)
Bhagwan S/o Namdeo Dawkhar
The State of Maharashtra, Rameshwar S/o Bhagujirao Khanal
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of FIR
Remedy Sought
Quashing of FIR No.3031/2016 and all consequential proceedings
Filing Reason
FIR registered without mandatory sanction under Section 6A of the Essential Commodities Act and search conducted without proper authorization
Issues
Whether the FIR under Sections 3 and 7 of the Essential Commodities Act, 1955 is liable to be quashed for lack of mandatory sanction under Section 6A?
Whether the search and seizure were conducted without proper authorization, vitiating the prosecution?
Submissions/Arguments
Applicant argued that the FIR was lodged without obtaining mandatory sanction under Section 6A of the Essential Commodities Act, 1955.
Applicant contended that the search and seizure were not conducted in accordance with law.
Ratio Decidendi
The prosecution under the Essential Commodities Act, 1955 requires mandatory sanction under Section 6A, and absence of such sanction renders the FIR and proceedings liable to be quashed. Additionally, search and seizure without proper authorization invalidates the prosecution.
Judgment Excerpts
By way of filing this application, the applicant has prayed to quash and set aside the first information report No.3031/2016, which is registered against him with Police Station, Ambad for the offence punishable under Sections 3 and 7 of the Essential Commodities Act.
Procedural History
The applicant filed Criminal Application No. 2 of 2017 under Section 482 CrPC before the Bombay High Court, Bench at Aurangabad, seeking quashing of FIR No.3031/2016. The court heard the matter and delivered judgment on 21st March, 2017.
Acts & Sections
- Essential Commodities Act, 1955: 3, 7, 6A
- Code of Criminal Procedure, 1973: 482
