BISHAN DAYAI AGARWAL Vs. STATE

JUDGEMENT

(1.) THIS criminal miscellaneous application under Section 482 Code of Criminal Procedure has been preferred by the Applicant Bishan Dayal Agarwal for quashing the proceeding in Special Trial No. 4 of 1986 State v. Bishan Dayal under Section 3/7 of the Essential Commodities Act, 1955 P.S. Joshimath District Chamoli pending in the court of Special Judge, Chamoli.

(2.) BRIEF facts giving rise to this petition are that prosecution was launched against the Applicant on the ground that he has contravened the provision of Clause -9 of U.P. Cement Control Order, 1973 as the Sub -Divisional Magistrate, Joshimath found 70 bags of cement in the house of one Kalika Prasad Bhatt. The S.D.M. was of the view that these cement bags had been kept over there illegally.

(3.) THE opposite party i.e. the State filed the counter affidavit stating therein that the cement bags were found in the godown and the same were in the illegal custody of the Applicant who had contravened the provision of Clause -9 of the U.P. Cement Control Order, 1973.