RAM GOPAL SABOO Vs. STATE OF BIHAR

JUDGEMENT

(1.) WITH a prayer to quash the entire criminal prosecution and the order of cognizance dated 5. 2. 1992, the petitioner has approached this Court.

(2.) THE short facts which give rise to this application is that on 29. 8. 1991 the Executive Magistrate, gumla made a written report to the police alleging, inter alia, that when he visited M/s Gumla Krishi Kranti alongwith another Executive Magistrate, he found that the dealer was selling Fertilizers at an excess price. Statements of two purchasers were taken who alleged to have stated that 7 Kgs. of Urea was sold at the rate of Rs. 3/- per Kg. and Fertiliser of 50 kg. was sold for Rs. 235/- without any cashmemo. The First Information Report further shows that the said Executive Magistrate made the aforesaid search on the direction of the Sub-Divisional Officer. On inspection, it is alleged that some irregularities were found and after investigation the charge-sheet under Section 7 of the Essential commodities Act (hereinafter referred to as 'the Act') was submitted against the petitioner. By the impugned order dated 5. 2. 1992, the special Judge, under E. C. Act, took cognizance of the offence under Section 7 of the Act.

(3.) MR. P. D. Agrawal, learned counsel appearing on behalf of the petitioner has raised several points before me in support of his argument by referring to several notifications namely, GSR 168, 452, 800, 681 and 682. He has submitted that from these notifications, it would be amply clear that extension of the provisions of Bihar trade Articles (Licences Unification) Order, 1984 (hereinafter referred to as 'the Unification Order') to fertiliser is wholly without jurisdiction. He submits that the State Govt. under the Act, cannot exercise any independent power inasmuch as it has only delegated jurisdiction. Having delegated power, it is urged, the State Government cannot act beyond its delegated power.