DHARMPAL SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application was placed for admission before B.P. Singh, J., who by his order dated 5.2.1993 referred this case for hearing before a Division Bench to decide the correctness of the decisions of this Court reported in 1992 Eastern India Criminal Case page 5 and 1987 PLJR page 678.

(2.) THESE decisions undoubtedly support the contention of the petitioner that if a person is prosecuted for violation of Bihar Essential Articles (Display of Price and Stock) Order 1977 without official sanction and at the same time he is also prosecuted for violation of another order for which no sanction is necessary, the entire order of cognizance will be rendered illegal and therefore his prosecution for latter offence shall also fail.

(3.) SRI Tripathy submitted that in view of three decisions of this Court in (i) Satyendra Kumar Singh v. State 1992 Eastern Criminal Cases 5 (Patna) (ii) Rambilas Sao v. State (1985) PLJR 971 and (iii) Suresh Kumar Agarwal v. State Crim. Misc. 951/91 and analogous cases disposed of on 7.10.1993, the entire prosecution launched against the petitioner is liable to be quashed.