GIRANI RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed against the order dated 5.8.2010 passed by the learned single Judge in C.W.J.C. No. 9619 of 2008. The appellant is the petitioner who is aggrieved by the order contained in Annexure-7 dated 29th March, 2008 passed by the Sub-Divisional Officer, Sheikhpura canceling Kerosene Oil Thela License No. 5/85. The authorities have cancelled the license of the appellant as he was punished under Sections 325 and 504 of the I.P.C. under the judgment dated 17th March, 2004 passed by the Additional Chief Judicial Magistrate, Sheikhpura and the said conviction was affirmed by the 1st Additional Sessions Judge, Munger vide judgment dated 16.1.2007 (Annexure-2) passed in Criminal Appeal No. 49 of 2004. He was also subjected to a Criminal Revision No. 196 of 2007 which is still pending in the criminal court since 15th March, 2007.

(2.) Learned senior counsel has further argued that learned single Judge was not inclined to accept the contention of the petitioner appellant that the conviction was not under any offence contravention to the order issued under the Essential Commodities Act, 1955, but however it is under Sections 324 and 504 I.P.C. Hence the license cannot be cancelled at the behest of the State Government. Learned senior counsel has however brought to the notice of the Court the provision of Section 7 of Bihar Control Order (Supplement) which leads suspension and cancellation of the license.

(3.) The learned senior counsel has argued that it is not an offence which arises for contravention of any order under the Essential Commodities Act as such the license cannot be suspended as the alleged offence was under Sections 324 and 504 of the I.P.C. and not under the Essential Commodities Act.