KAILASH CHANDRA MAHESHWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) It is an application for quashing the proceeding of G. R Case no. 1337-A of 1973 arising out of Mango P. S. Case no. 5(8)/73, so far the petitioners are concerned. It appears trom the order dated 28th September, 1974 that cognizance was taken under section 7 of the Essential Commodities Act and processes were directed to be issued against the petitioners and one Jagdish Prasad. Jagdish Prasad is not a petitioner in this application. On 6th August, 1973 an information was lodged to the Officer Incharge, Mango Police Station. It was alleged that on verification the stock was found in excess of what has been stated in the stock register. Foodgrains were also found at the residence of the Shop-keeper. These two petitioners have been stated in the F. I. R. as the shopkeepers, who were present in the shop of the time of inspection. On the basis of this F. I. R. the case was investigated and charge sheet was submitted against these two petitioners and Jagdish Prasad.

(2.) Mr. Agarwala, learned counsel appearing on behalf of the petitioners submitted that there is no averment in the F. I. R. that these petitioners were licensees under any orders under section 3 of the Essential Commodities Act. in the F. I. R. they have merely described as the "Dukandar". From annexure ; it appears that the licence in respect of the shop in question has been granted to M/s. Purshottam Bhandar, of which proprietor is Jagdish Prasad. Nothing has been said in the charge-sheet except about Jagdish Prasad, that the petitioners have violated the conditions of the licence. It is now settled that in view of the facts that the petitioners are not licensees under any of the orders, they cannot be held liable for violation of any of the conditions of the licence.

(3.) In the result, the application is allowed and the proceeding so far the petitioners are concerned is quashed.