UPENDRACBOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This an application under Articles 226 and 227 of the Constitution of India for quashing of the Criminal proceeding against the petitioner in Tajpur (Pusa) P. S Case No. 58/89 pending in the court of Special Judge, Essential Commodities Act, Samastipur.

(2.) It appears that on 10th March, 1989, Marketing Officer, Samasti- pur, raised the residential house of the petitioner Upender Choudhary and recovered 220 bags of cement The petitioner could not produce any licence or any other paper in this connection. Consequently, the entire quantity of cement was seized and FIR was lodged alleging violation of Bihar Trade Articles (Licences Unification) order, 1984, Such FIR has given rise to the above criminal case.

(3.) Learned Counsel for the petitioner has submitted that the petitioner has committed no violation of any provision of Bihar Trade Articles (Licences Unification) Order, 1984, because no storage limit was fixed by the State Government with the prior concurrence of the Central Government for cement by the date of occurrence i. e, 10th March, 1989.