PURANMAL LOHIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a petition under Section 482, Cr. P. C. preferred by the abovenamed petitioner for quashing the entire criminal prosecution in Patratu P. S. Case No. 24/92 wherein by order dated 25-7-1992 the learned Special Judge (E. C. Act) Hazaribagh had taken cognizance under Section 7 of the Essential Commodities Act against the petitioner.

(2.) It is a simple case wherein allegations have been brought against the petitioner that he had illegally stored 15 tonnes of steam coal for the purpose of manufacturing bricks in his brick kiln without any valid paper and as such it is alleged that he had violated the provisions of Clause 3/8 of the Bihar Trade Articles (Licences Unification) Order, 1984 . At the relevant time, coal was included within the Unification Order but licence is necessary only for the dealers as per the Order and not for the consumers.

(3.) Mr. P. D. Agrawal, the learned counsel for the petitioner has referred a case decided by the Apex Court as reported in 1991 AIR(SC) page 477, wherein it has been held that bricks being not an essential commodities, State Government cannot impose taking of licences of manufacturing of bricks for the purpose of using coal for firing the bricks that case arose when Government of U. P. had proceeded against many bricks kiln owner under the Esssential Commodities Act for storing of coal having no licence. The State Government of U. P. had imposed upon the manufacturer in taking licences. Allahabad High Court was moved by the consumers and the prosecution against the petitioners were quashed. Then the Government of U. P. moved the Apex Court and by the above judgment, it was held that bricks not being the essential commodities, no licence can be asked for storing of coals for the purpose of firing of bricks by the manufacturers.