OM PRAKASH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the prosecution of the sole petitioner under Section 7 of the Essential Commodities Act (hereinafter to be referred to as 'the Act') for violation of the provisions of the Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter to be referred to as 'Licensing Order') and the Bihar Rice and Paddy Procurement Order, 1984 (hereinafter to be referred to as 'Levy Order').

(2.) So far the prosecution of the petitioner for contravention of the provisions of Licensing Order is concerned, in my view, the prosecution cannot be allowed to continue as the occurrence is said to have taken place on 7-1-1985, on which date, according to the catena of decisions of this Court, this Order was not workable in view of the fact that storage limit was not prescribed and the Order became operative for the first time on 17-10-1985. Therefore, the prosecution of the petitioner for violation of the Licensing Order is fully misconceived.

(3.) So far the prosecution of the petitioner for contravention of the Levy Order is concerned, it may be stated that the said Order relates to procurement of levy on the stock of paddy and rice. Clause 2 (h) of the Order defines the expression "rice and paddy" to mean rice and paddy of varieties described in Schedules I and II respectively, appended to the Levy Order. In Schedules 1 and II different variety of paddy and rice has been enumerated. In the present case, the discrepancy alleged is with regard to the stock of chura alone. From a bare perusal of the Levy Order, it would appear that the same relates to procurement of Levy on the stock of paddy and rice. Neither Section 2 (h) nor Schedules I or H of the Levy Order nor any other provision in the Levy Order shows that the Order shall apply to the product of paddy and rice. In the Licensing Order under Section 2 (g) the expression "foodgrains" has been defined and the "foodgrains" means any one or more of the foodgrains as specified in part 'A' of Schedule I of the Order and includes all products of such foodgrains other than husk and bran. So far the Licensing Order is concerned, chura may come within the expression food- grains being product of rice and padds. So far the Levy Order is concerned, the definition is entirely different. It may be stated that even in the Bihar Foodgrains Dealer' Licensing Order, 1967, "foodgrains" has been defined under Clause 2 (a) of the Order to mean any one or more of the foodgrains specified in Schedule I of the Order and includes products of such foodgrains. It appears that in the Levy Order specifically the State Government while issuing the Order was conscious of the fact that the same will not apply to chura because the purpose of issuing the Order was to charge levy upon the stock of rice and paddy, and, therefore, in the definition clause, that is Clause 2 (h), it has not been mentioned that the expression "paddy and rice" would mean its product also.