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2013 (8) TMI 276 - HC - Indian LawsCognizable offence - Search and Seizure of essential commodity - Validity of Proceedings – Jurisdiction to investigate - Whether after the amendment of the Essential Commodities Act, 1955, making offence cognizable though the Police had not been notified as an Inspector under the different Control Orders, had jurisdiction to make the search and seizure of the premises or the moving vehicles or carts carrying essential commodity in violation of the Act will make the search and seizure illegal in consequence - will lead the whole prosecution illegal or irregular and the prosecution would vitiate depending on prejudice caused to the accused concerned. Whether the seizure of loaded vehicle intercepted by Police at a deserted place in dark night, will make such search illegal, would vitiate the whole prosecution - Held that:- In view of the provisions of Amending Act 36 of 1987 offence under the Act having been made cognizable police officers though not notified as Inspector under the different control orders issued under the Act have the jurisdiction to investigate the offence committed under the Act with respect to the essential commodity - Search and seizure being part of investigation police officers have also jurisdiction to conduct search, seizure of the premises, vehicle in which the essential commodity was stored or was being transported. Ram Chandra Pansari Vs. The State of Bihar [1988 (3) TMI 410 - PATNA HIGH COURT] was distinguished as wrongly been rendered the benefit without noticed the amending Act 36 of 1987 - State of Punjab Vs. Wassan Singh & Ors.[1981 (1) TMI 249 - SUPREME COURT] was held as per in curium and not a binding precedent Petitions were dismissed with direction to the trial court to proceed with the trial and conclude the same at the earliest – matter remanded back - the prosecution launched against the petitioners shall proceed in accordance with law but it was observed that it shall be open for the petitioners to impress upon the trial court that they had suffered prejudice on account of search and seizure made by the police authorities/ team which was the basis of their prosecution - The trial court while disposing of the trial shall consider the aforesaid submission in accordance with law and record its finding with respect to the prejudice suffered by the petitioners on account of search and seizure which was the basis of their prosecution – Decided against accused.
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