LAWS(PAT)-2001-3-40

MUNESHWAR SINGH Vs. STATE OF BIHAR

Decided On March 08, 2001
MUNESHWAR SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State.

(2.) IN this application prayer has been made to direct respondent no. 2 to unseal the business premises of the petitioner, which was sealed on 30.1.2001.

(3.) LEARNED counsel for the State with reference to Section 7 of the Seeds Act, 1966 (in short 'the Act ') submits that in view of this provision, no person can carry on business of seeds without any valid licence. Referring to Section 14(1)(e), he submits that the authority can exercise such other powers as may be necessary for carrying out the purposes of this Act or any Rule made thereunder. However, when he was confronted with the query as to under what provision of the Act or Rule on such allegation business premises of a person can be sealed, he has no answer. Secondly learned counsel has fairly stated that there is nothing on record to show that either the Agriculture Production Commissioner or the District Agriculture Officer, Patna were empowered to take any action for violation of any provisions of the Act.