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1986 DIGILAW 158 (PAT)

Abhimanyu Paul v. State Of Bihar

1986-05-05

A.P.SINHA

body1986
Judgment A. P. Sinha, J. 1. This application is directed against an order of taking cognizance for an offence under Sec.7 of the Essential Commodities Act. 2. According to the allegations, the petitioner happens to be proprietor of a Biscuit Factory. From his premises 32 bags of cement had been recovered. The allegation is that he must have purchased the cement in black-market. 3. I am afraid that the allegations are not complete for the offences. 4. After all in absence of any visible offence whatsoever, in fact that the petitioner had purchased the cement in black-market, he cannot be made an accused for that offence. Moreover, it is not stated that the petitioner was found selling the cement in black-market. As facts stands, this is a case of storage without any transaction. 5. In this view of the matter, no offence is made out. The order of the cognizance dated 4-5-1983 is hereby quashed. This application is, accordingly, allowed. Application allowed.