PRAKASH SINGH AND ANOTHER Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties. This application has been filed for quashing prosecution of the petitioners under Sec. 7 of the Essential Commodities Act (hereinafter referred to as the 'Act') for violation of the provisions of Bihar Essential Articles (Display of Prices and Stocks) Order. 1977 (hereinafter referred to as the 'Display Order').

(2.) According to the prosecution case the petitioners were dealing in cattle fodder and on inspection three irregularities have been found by the concerned authority viz. (a) the petitioners had displayed the price of the article in question by putting a price placard, where the article was kept for sale but weight of the bag was not mentioned on the placard ; (b) the petitioners were selling the cattle foddar at different prices varying between Rs. 138.00 to Rs. 145.00 whereas they were required to sell at the price of Rs. 137.50 paise fixed by the manufacturer and (c) in the cashmemo counter foils weight of the bag sold was not mentioned.

(3.) So far the first allegation is concerned, in my view the same does not constitute violation of any order issued under Sec. 3 of the Act much less Clause 3 (b) of the Display Order, according to which a dealer was required to display the price of every article mentioned in Schedule-II by affixing a price label or a price tag or by putting a price placard where the article is stored or kept for sale, unless the price of the article is already printed on the article itself, or its container, or packet or wrapper. For better appreciation it will be necessary to refer to Clause 3 of the Display Order, which is quoted hereunder: