Case Note & Summary
The petitioner, a kerosene dealer holding a licence under the Maharashtra Kerosene Dealers Licensing Order 1966, was subjected to a surprise inspection at his depot, where he was allegedly found in possession of 13,319 litres of unaccounted kerosene. An FIR was registered under Section 7 read with Section 3 of the Essential Commodities Act, 1955, alleging breach of condition no.4 of his licence. After investigation, a charge sheet was filed. The petitioner sought discharge under Section 239 of the Code of Criminal Procedure, 1973, contending that the charge was groundless, the stock was accounted for, no proper panchnama was drawn, and crucially, that no order under Section 3 of the Essential Commodities Act had been produced along with the charge sheet. The Magistrate rejected the discharge application, and the Additional Sessions Judge dismissed the revision, prompting the petitioner to file the present writ petition under Article 226 of the Constitution. The petitioner relied on several precedents, including Prakash Babu Raghuvanshi v. State of Madhya Pradesh, Dhanraj Anandrao Mohod v. State of Maharashtra, and Chandansingh Sadhusingh Chandel v. State of Maharashtra, to argue that in the absence of a specific order under Section 3, the offence under Section 7 could not be sustained. The State, on the other hand, submitted that the charge sheet plainly referred to breach of condition no.4 of the licence issued under the 1966 Order, which itself is an order under Section 3, and that disputed questions of fact could not be examined at the discharge stage. The High Court, per Mangesh S. Patil, J., examined the scope of Section 239 and the requirement of an order under Section 3. The court held that at the discharge stage, the court cannot conduct a mini-trial or resolve factual disputes; the prosecution must be given a chance to lead evidence. On the legal point, the court noted that for an offence under Section 7, there must be violation of an order under Section 3. The chargesheet in the present case specifically alleged breach of condition no.4 of the licence granted under the Maharashtra Kerosene Dealers Licensing Order 1966, which is an order promulgated under Section 3. The court distinguished the decisions cited by the petitioner, observing that in those cases no such order had been identified in the chargesheet. Regarding the non-supply of a copy of the order, the court held that the decision in Chandansingh Sadhusingh Chandel did not establish that discharge must follow merely because a copy of the order was not annexed to the chargesheet. Since the existence of the order was pleaded, the charge could not be termed groundless. The condition no.4 required the licensee to maintain true and proper accounts, and the allegation of unaccounted kerosene prima facie constituted its breach. Finding no illegality or perversity in the impugned orders, the court dismissed the writ petition and discharged the rule.
Headnote
A) Criminal Procedure - Discharge - Scope of Enquiry under Section 239 Cr.P.C. - Code of Criminal Procedure, 1973, Section 239 - The court at the discharge stage cannot go into disputed questions of fact and must allow the prosecution an opportunity to lead evidence. Held that if the police report and documents disclose a prima facie case, the charge is not groundless and discharge is not warranted. (Paras 7, 12) B) Essential Commodities Act, 1955 - Offence under Section 7 - Requirement of an Order under Section 3 - Essential Commodities Act, 1955, Sections 3, 7 - To constitute an offence under Section 7, there must be an allegation of contravention of an order made under Section 3. Held that a chargesheet which specifically refers to breach of condition no.4 of the licence issued under Maharashtra Kerosene Dealers Licensing Order 1966 satisfies this requirement. (Paras 8-9) C) Essential Commodities Act, 1955 - Evidentiary Requirements - Non-Supply of Copy of Order under Section 3 - Essential Commodities Act, 1955, Section 3; Code of Criminal Procedure, 1973, Section 239 - The mere fact that a copy of the order under Section 3 was not supplied along with the chargesheet does not ipso facto justify discharge under Section 239 Cr.P.C. Held that the decision in Chandansingh Sadhusingh Chandel did not lay down any such proposition, and non-supply does not render the charge groundless. (Paras 10-11) D) Writ Jurisdiction - Interference with Orders on Discharge - Constitution of India, Article 226; Code of Criminal Procedure, 1973, Section 239 - The High Court will not interfere in writ jurisdiction with orders refusing discharge unless there is perversity or illegality. Held that the lower courts had correctly applied the law, and no perversity was found; the writ petition was therefore liable to be dismissed. (Para 13)
Issue of Consideration
Whether the petitioner was entitled to discharge under Section 239 of the Code of Criminal Procedure on the ground that the charge was groundless, particularly when no copy of the order under Section 3 of the Essential Commodities Act was supplied with the charge sheet, and whether the breach of condition of licence issued under Maharashtra Kerosene Dealers Licensing Order 1966 constitutes a valid basis for prosecution under Section 7 read with Section 3.
Final Decision
The writ petition was dismissed. Rule discharged. The court held that the charge was not groundless because the chargesheet specifically alleged breach of condition no.4 of the licence issued under the Maharashtra Kerosene Dealers Licensing Order 1966, which constitutes an order under Section 3 of the Essential Commodities Act. Factual disputes cannot be resolved in writ jurisdiction, and the lower courts had correctly applied the law. No illegality or perversity was found.
Law Points
- For offence under Section 7 of Essential Commodities Act
- there must be violation of an order under Section 3
- charge sheet must specify the order
- non-supply of copy of order does not ipso facto lead to discharge under Section 239 Cr.P.C.
- factual disputes cannot be examined in discharge or writ jurisdiction.
