RAMDHANI RAM Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) This criminal writ application has been filed for quashing the older of confiscation dated 10.2.1985 passed by the Deputy Commissioner-cum-Collector, singhbhum at Chaibasa in Revenue Misc. Case No. 62 of 1984-85 (Annexure-1) and also the order dated 18.11.86 passed by the Secretary, Food, Supply and Commerce Department, dismissing the appeal under section 6C of the Essential Commodities Act. It appears that the business premise of the petitioner was inspected on 8.5.1984 and 16- quintals of linseed's were seized from there. The allegation is that the petitioner has contravened clause 3 of the Pulses, Edible Oil seeds and Edible Oils (Storage Control), Order, 1977 (for short the Order).

(2.) The main points for consideration in this writ application is that before enforcement of the Bihar Trade Articles (Licences Unification) Order, 1984 (for short the 'Unification Older') there was no licensing order in respect to the oil seeds and the Unification Order fixing the storage limit in respect of oil seeds and other trade articles etc., came into force only on 17.10.1985.

(3.) Mr. Bharuka, learned counsel for the petitioner has submitted that admittedly when the business of the petitioner was inspected on 8.5.1984, there was no Unification Order fixing the storage limit for oil seeds. Therefore, it was submitted that the petitioner has committed no offence because at that time there was no Licensing Order in respect of the oil seeds.