SACHINDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, a fair price shop dealer, has moved this Court for quashing an order dated 9th January, 1990 (Annexure-4), by which the Sub-Divisional Officer, Biharsharif.Nalanda, has suspended the supply of commodities to his fair price shop for distribution and sale in view of the pendency of a criminal case under Section 7 of the Essential Commodities Act against him.

(2.) The petitioner is a licensee under the Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter referred to as the "Order"). His licence under order has neither been cancelled nor suspended, as would be evident from Anuexure 4. It is needless to say that the petitioner has, therefore, right to cany on trade and business in the commodities referred to in his licence dehors as a fair price shop dealer.

(3.) It is now well settled that a licence can neither be suspended nor cancelled for pendency of any criminal case under Section 7 of the Essential Commodities Act since allegations do not amount to contravention of the term sand conditions of the licence 'See Govind Saran & Sons v. State of Bihar, AIR 1983 Patna 16) and Swami Distributors v. State of Bihar, (1990 PLJR 210 : 1990 (1) BLJ 392). Under Unification Order, a licence can not be suspended for more than three months in a case where an inquiry under Clause 11 of the Order is undertaken for contravention of the terms and conditions of the licence. In the event, contravention of the terms and conditions of the licence is proved, the licence could be suspended or cancelled in relation to the article to which the contravention relates.