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Patna High Court · body

1990 DIGILAW 82 (PAT)

Jagrup Sahu v. State Of Bihar

1990-03-02

B.N.AGRAWAL

body1990
Judgment B.N.AGRAWAL, J. 1. This application has been filed for quashing prosecution of the petitioners under Section 7 of the Essential Commodities Act (hereinafter referred to as the Act) for the alleged violation of Government Notification No. GSR 51, dated 28-3-1968 which has been quoted in paragraph 3 of this application. 2. The first information report was lodged for prosecution of the petitioners stating therein, inter alia, that they were found exporting paddy from a place which is within twenty-mile belt of the border of the State of Bihar to a place outside that belt but within the State of Bihar without any valid permit and thereby have violated the aforementioned notification issued under the provisions of Section 3 of the Act and made themselves liable to be punished under Section 7 of the Act. The police after registering the case took up investigation and on completion thereof submitted charge-sheet. The learned Magistrate on receipt thereof has taken cognizance and summoned the accused persons and transferred the case to another Magistrate for trial. Thereafter, the learned Magistrate has framed charge under Section 7 of the Act against the accused persons for violation of the aforementioned notification. Hence this application for quashing the entire prosecution. 3. Learned counsel appearing on behalf of the petitioners contended that even if the allegations disclosed in the first information report are taken at its face value and accepted in its entirety, the same do not disclose contravention of any order issued under Section 3 of the Act, nor the same disclbse contravention of any other law. It has been submitted that the petitioners cannot be said to have contravened any provision of the said notification. For proper appreciation it would be useful to quote the relevant portion of the notification referred to above which is quoted hereunder. "......no person shall export, carry or cause to be exported or carried any quantity of paddy (a) by river to any place from any other place within the State of Bihar and (b) by rail or motor-truck to any place within a twenty-mile belt all along the border of the State of Bihar from any place in any area outside that belt within the State; except under and in accordance with a permit granted by the District Supply Officer, Asstt. District Supply Officer or the Block Development Officer of the District/sub-division/Block from where it is proposed to be exported or carried : Provided that (i) a bona fide traveller may, without such permission carry paddy upto ten kilograms as a part of his personal luggage; (ii) nothing in this Order shall apply to the carriage of such paddy booked or despatched under and in accordance with Military Credit Note or on Central or State Government or Food Corporation account." Clause (a) of the notification creates a bar for movement of paddy within the State of Bihar by river without any permit granted according to this notification. Under Clause (b) a person is obliged to obtain a permit if he intends to take paddy by rail or motor-truck to any place within twenty-mile belt along the border of the State of Bihar from any place though situated within the State of Bihar but outside that belt. The allegation in the case in hand is that the petitioners were trying to take away paddy from a place within a twenty-mile belt to a place beyond that belt within the State of Bihar. This in my view, cannot amount to contravention of the notification referred to above. No other notification or order has been placed before me to show that the facts disclosed amount to contravention thereof. In this view of the matter, I have no option but to quash the prosecution of the petitioners. 4 In the result, this application is allowed and the prosecution of the petitioners is hereby quashed.