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1996 DIGILAW 81 (PAT)

Rajendra Kumar Agarwal v. State Of Bihar

1996-02-06

LOKNATH PRASAD

body1996
Judgment LOKNATH PRASAD, J. 1. Heard both the parties. 2. This is an application under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding and the order of cognizance, dated 19-7-1988 in connection with Sakchi S. P. Case No. 262/87, dated 12-11-1987 instituted under Section 7 of the Essential Commodities Act and also under Bihar Essential Articles (Price and Display) Order, 1977 (to be referred to hereinafter as Display Order for brevity). 3. It has been alleged on behalf of the prosecution that on 12-11-1987, business premises of the petitioner was found locked. So it was sealed and subsequently it was unlocked and about 93 quintals of variety of pulses were found and it was detected that the petitioner was carrying on business without obtaining any licence. There is another allegation that necessary signboard under the Display Order had not been displayed. It was contended on behalf of the petitioner that so far pulses are concerned, licence is not required under the provisions of Bihar Trade Articles (Licences Unification) Order, 1984 because uptill now, licence fee has not been prescribed. 4. Similar view Was expressed by Division Bench of this Court in order dated 19-2-1992 in Crim. W.J.C. 417/91. It was further contended that so far violation of Display Order is concerned, at the relevant time admitted the premises was closed and thus question of displaying any signboard showing the stock position and the price thereof is not necessary and there is no violation of this Display Order. It was furcher contended that on the same day several business premises were found locked and subsequently inspection was made by opening the premises and prosecution report was submitted under the Essential Commodities Act and alleged violation of Display Order and in most of the cases, criminal proceeding was quashed. Reliance was placed on an order of this Court dated 4th August, 1995 passed in Crim. No. 3455/88(R) by a Bench of this Court. 5. In the circumstances stated above, in my opinion no case is made out against the petitioner and as such the entire criminal proceeding and the order of cognizance, dated 19-7-1988 in connection with Sakchi P. C. Case No. 252/87, dated 25-11-1987 is hereby quashed. 6. This application is allowed accordingly.