Judgment S. H. S. Abidi, J. 1. Criminal Misc. No.3327/83 (R) has been filed by mohan Lal Jaiswal who is the owner of the house wherefrom some essential articles have been recovered and Criminal Misc. No.3265/83 (R) has been filed by the tenant and the owner of the essential articles. During a raid conducted by the Assistant Marketing Officer, Garhwa, on 15-11-83, 11 quintals 65 Kgs. oilseeds, 15 Kgs. Tisi oilseeds and 75 Kgs. of Maize (Makai) and 95 Kgs. of Urad pulses have been recovered and so an F. I. R. has been lodged at the police station on 16-11-83 at 9 p. m. for the violation of the provisions of the Bihar Essential Articles (Display of Prices and Stocks) Order, 1977 (in short the order) and the Pulses, edible oil-seeds and edible oil Storage control Order, 1977. The F.1. R. has been challenged by both the petitioners on the ground that there is no violation of any Order and as such the prosecution against the petitioners is bad and it is liable to be quashed. 2. The learned counsel for the petitioners has referred to Clause 3 of the pulses, Edible Oil Seeds and Edible Oils (Storage Control) Order, 1977 wherein it has been mentioned : "notwithstanding anything contained in any State Order, after the expiration of a period of 15 days from the coining into force of this clause, no person shall carry on business as a dealer in pulses or edible oilseeds or in edible oils except under and in accordance with the terms and conditions of a licence granted under a State Order if the stocks of pulses or edible oil-seeds or edible oils in his possession exceed the quantities specified below :- 2_500_BLJ1_1988.htm 3. So according to the learned counsel for the petitioner there is no need for any licence if the stock of pulses, if taken together, is less than 10 quintals and stock of edible oilseeds is less than 30 quintals. In the case of the petitioners, the v eighment of pulses in 95 Kgs and the weighment of edible oils taken together is 11 quintals 80 Kgs. (11 quintals 65 Kgs. Til and 15 Kgs. Tisi oilseeds ). In the case of the petitioners, the v eighment of pulses in 95 Kgs and the weighment of edible oils taken together is 11 quintals 80 Kgs. (11 quintals 65 Kgs. Til and 15 Kgs. Tisi oilseeds ). It was also stated that there is no State Order as the stock recovered from the possession of the petitioner Ramesh Prasad is less than the required quantities of 10 quintals of pulses and 30 quaintals of edible oilseeds and so the provisions of the State Order of 1977 are also not applicable. 4. Further t appears that the Bihar Edible Oil Dealers Licensing Order, 1966 is also not attracted because clause 3 (a) thereto provides- "no person shall carry on business as a dealer of edible oil except in accordance with the terms and condition; of licence issued in this behalf by the licensing authority. " From the possession of the petitioners no edible oil has been recovered any only oil-seeds have been recovered. 5 As regards the recovery of maize, the Bihar Foodgrains Dealers licensing Order, 1967 provides in clause 2 (b) that a retailer can keep pulses as mentioned in Schedule 1 of the said Order in a quantity exceeding 5 quintals but not exceeding 25 quintals and the quantity recovered from the possession of the petitioners is only 75 Kgs. of maize. As such the prosecution of the petitioner for the recovery of 75 Kgs, of maize for the violation of the Bihar Foodgrains dealers Licensing Orders, 1967 cannot be launched. 6. As regards the recovery of 95 Kgs. of pulses that too does not come as mentioned above, under the Pulses, Edible Oil-seeds and Edible Oils (Storage control) Order, 1977 as the recovered pulses are less than 10 quaintals in weighment. Thus, from all these it appears that none of the recovered articles brings the petitioner Ramesh Prasad within the cluches of any of the provisions of the essential Commodities Act. 7. As regards the violation of the Bihar Essential Articles (Display of prices and Stocks) Order, 1977, it deals with the offences when the shop is not closed and the business is going on. In this case raid has been conducted at about 5:00 p. m. and it is said that the shop or godown was closed. So the provisions of this Display Order is also not attracted. In this case raid has been conducted at about 5:00 p. m. and it is said that the shop or godown was closed. So the provisions of this Display Order is also not attracted. Learned counsel for the state has not been able to controvert any of the submissions made by the learned counsel for the petitioners. 8. Considering all these matters and various Orders under the Essential commodities Act, it does appear prima facie that the prosecution of the petitioners should have been launched. In the circumstances the F. I. R. dated 16-11-83 lodged against the petitioners is liable to be quashed and it is accordingly quashed. So far as the petitioner Mohan Lai Jaiswal is concerned, he is only the owner of the house wherefrom the articles were recovered and nothing has been said against him except that ht is the owner of the house. What is the liability of the owner of a house or godown where the articles were kept has not been mentioned in any, of the provisions of the Bihar Control Orders, and so the f. I. R. against him is also quashed. 9. In the result both the applications are allowed. The F. I. R. and whole criminal prosecution against the petitioners are quashed. Applications allowed.