VIJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the prosecution of the petitioner under Sec. 7 of the Essential Commodities Act (hereinafter referred to as 'the Act') for violation of the provisions of the Bihar Trade Articles (Licences Unification) Order, 1984, hereinafter referred to as ('the Unification Order'). The allegations relate to stock of edible oil. It is said that in the original Unification Order no storage limit was fixed. Accordingly, it has been laid down by this Court that in catena of decisions that in the absence of storage limit, the Unification Order was not workable. For the first time on 17th Oct., 1988, a notification was issued by which storage limit for the stock of edible oil in relation to 'B' Class and 'C' Class city was fixed. It is stated that neither in the unification order nor in the aforesaid notification it has been mentioned as to what is the meaning of 'B' Class city or 'C' Class city. It has been further stated that with regard to edible oil even till today it has not been defined as to what is the meaning of 'B' Class city and 'C' Class city. It is submitted that in view of the aforesaid lacuna in the unification order it is not workable even today in relation to edible oil. In support of the contention learned counsel for the petitioner relied upon a decision in the case of Shambhu Nath Agarwal Vs. State of Bihar and another, 1991 (1) PLJR 462 . In my view since present case is squarely covered by the aforesaid decision, the prosecution of the petitioner cannot be allowed to continue.

(2.) In the result, the application is allowed and the prosecution on the petitioner is hereby quashed. Application allowed.