ARJUN PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three matters arising out of complaints lodged under the Essential Commodities Act, 1955 (hereinafter referred to as 'the 1955 Act' or 'the said Act') have been placed before us under the Reference made by the learned single Judge in each case.

(2.) The matter at issue is whether a licensee of a fair-price shop under the Public Distribution System is liable to be prosecuted under Section 7 of the 1955 Act for violation of any Order issued under Section 3 of the said Act or whether such licensee is exempt from prosecution by virtue of Clause 31(2)(c) of the Bihar Trade Articles (Licenses Unification) Order, 1984 (hereinafter referred to as 'the 1984 Order') or whether such licensee is an agency of the State Government within the meaning of Clause 31(2)(c) of the 1984 Order. The References came to be made to the Division Bench on account of two diverse opinions expressed by the Bench of the learned single Judge of this Court.

(3.) In the matter of Md. Waizuddin v. The State of Bihar.,2007 1 PUR 714], a Bench of this Court (Coram: Abhijit Sinha, J) held that the dealers under the Public Distribution System are the agents of the Government. In view of the provisions contained in Clause 31(2)(c) of the 1984 Order, such dealers are exempt from the application of the provisions contained in the 1984 Order. As the said Order does not apply to such dealers, no penal action can be taken against such dealers for the alleged violation of the provisions of the 1984 Order. The said view has been reiterated in the matters of Bhola Sah v. State of Bihar, 2008 3 PLJR 400, of Siddhi Sadan Giri v. State of Bihar, 2008 4 PLJR 177 of Ranjeet Paswan v. The State of Bihar,2009 1 PCCR(SC) 148 and of Jaso Devi v. State of Bihar (Cr. Misc. No. 46669 of 2007, decided on 22nd January 2009). Contrary to the above decisions, another Bench of this Court (Coram: Samarendra Pratap Singh, J) in the matter of Ramanand Prasad v. State held that the dealers under the Public Distribution System are not the agents of the State; they are not exempt from the application of the 1984 Order nor are they exempt from any penal action for violation of the provisions of the 1984 Order. The said view has been reiterated in the matter of Shiv Narayan Mandal v. State of Bihar & Ors.,2009 2 PUR 657.