STATE OF U.P. versus O.P. SHARMA

STATE OF U.P. versus O.P. SHARMA

A person who stores edible oils or oilseeds for use in manufacturing other products, in excess of prescribed limits, is a 'dealer' under the relevant control orders and must obtain a licence. The High Court erred by quashing the FIR at the threshold under Section 482 CrPC; such power is reserved for rare cases and...

Source-derived case information.

Parties
Appellant: State of U.P.; Respondent: O.P. Sharma
Jurisdiction
India
Judgment Date
06 February 1996
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Order Quashing FIR
Outcome
appeal allowed
Legal Topics
Definition of Dealer Under Commodity Control Orders, Storage Licensing Requirements, Exercise of Inherent Power Under Section 482 Cr PC
Criminal Law Regulatory Law Definition of Dealer Under Commodity Control Orders Storage Licensing Requirements Exercise of Inherent Power Under Section 482 Cr PC

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Parties

State of U.P.

Appellant

O.P. Sharma

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Order Quashing FIR

Legal Issues

  1. 1 Whether a person storing edible oils/oil seeds for use in manufacturing paints and varnishes, in excess of statutory limits, is a 'dealer' under the U.P. Oilseeds and Oil-seeds Products Control Order, 1966 and the Pulses, Edible Oil-seeds and Edible Oils (Storage Control) Order, 1977.
  2. 2 Whether the High Court was justified in quashing the FIR at the threshold by exercising inherent power under Section 482 CrPC.

Ratio Decidendi

A person who stores edible oils or oilseeds for use in manufacturing other products, in excess of prescribed limits, is a 'dealer' under the relevant control orders and must obtain a licence. The High Court erred by quashing the FIR at the threshold under Section 482 CrPC; such power is reserved for rare cases and here ingredients of the offence are disclosed in FIR.

Court Disposition

appeal allowed

Orders

  • Order of Allahabad High Court quashing FIR is set aside.
  • Investigating officer directed to complete investigation within four weeks.