SUBHASH KUMAR AGARWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) ORDER :- This application under S. 482, Cr. P.C. has been filed for quashing of the entire criminal prosecution in connection with Jharia PS Case No. 286 of 1998 registered under S. 7 of the Essential Commodities Act.

(2.) The short facts giving rise to this application is that one Rakesh Verma, Supply Inspector, Jharia inspected the shop of the petitioner on 29-8-1999 at about 12 noon and found the following irregularities :

(3.) The learned counsel appearing on behalf of the petitioner submitted that the petitioner is a Retail licensee in foodgrains and edible oil having licence No. 17/JPA/90 and the renewal fee in respect thereof for the year 1999 has already been deposited by the petitioner and without verifying this fact, this false case has been registered against the petitioner. It is further argued that the Central Government delegated its power to the State Government vide GSR-800 dated 9th June, 1978 in relation to food stock, subject to the condition that the said delegated powers may be exercised by the State Government as per direction issued by the Central Government in this behalf, and in exercise of the said delegation the State of Bihar enacted Bihar Trade Articles (Licences Unification) Order, 1984. It is further argued that by the said Notification No. GSR 49 dated 17-10-1985, the storage limit was fixed in respect of B Class and C Class cities which have not been defined anywhere in the Unification Order in respect of a particular trade and as such the said Unification Order is not workable. It is also argued that the Central Government made certain amendment in the Central Order by deleting certain provisions in respect of edible oils and edible oil seeds vide S.O., 772(E) dated 10-11-1997 and the words edible oil and edible oil seeds were deleted from the Central Order, 1977 and as such no licence is required for dealing with the edible oil or edible oil seeds.