DHANESHWAR PRASAD SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure for quashing an order dated 2-5-1985 where under the Special Judge (under the E.C. Act), Purnea, has taken cognizance under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as the TAct) in Farbesganj P.S. Case No. 95 dated 3-5-1984 (giving rise to Special Case No. 34 of 1984).

(2.) The petitioner is a licensee retail dealer under the provisions of the Bihar Coal Control Order, 1956. On 9-3-1984 while the petitioner was out of station, the Supply Inspector, Acaria along with other officials of the Supply Department held inspection of the business premises. The father of the petitioner, who was present at the time of inspection, informed the authorities that he had no knowledge of the relevant records and other affairs. The stock of coal was seized and an F.I.R. was lodged by the Supply Inspectoral lodging therein that at the time of inspection, the display board did not contain the prices and stock position. The stock register and cash memo were not produced. In the first information report, it was alleged that the petitioner has contravened the provisions of the Bihar Coal Control Order, 1956.

(3.) It has been submitted on behalf of the petitioner that as per the provisions of clause 1 (3) read with clause 32 of the Bihar Trade Articles (Licences Unification) Order, 1984, the Bihar Coal Control Order, 1956 stands repealed with effect from 19-4-1984. The alleged occurrence in the present case took place on 3-5-1984, therefore, there could have been no violation of any of the provisions of the repealed coal control order and in that view of the matter, no prosecution could have been launched for any violation thereof or the terms and conditions of the licence issued there under. The relevant provisions of clause 32 of the Bihar Trade Articles (Licences Unification) Order, 1984 read, thus: From the date of commencement of this order, the licensing order mentioned in Schedule III shall stand repealed (xxx) and the provisions of this order shall have effect notwithstanding anything to the contrary contained in the licences repealed by this sub- clause. From the bare reference of the aforesaid provision, it is clear that the Licensing Order mentioned in Schedule-Ill stand repealed. Schedule-Ill of the Unification Order contains the list of the orders repealed and at item No.4 of the list, the Bihar Coal Control Order, 1956 has been mentioned,