SANJAY KUMAR AGARWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in this writ application under Articles 226 and 227 of the Constitution has prayed for quashing the complaint case registered under Section 7 of the Essential Commodities Act including the seizure of pulses dated 22.10.1993 as contained in Annexure 1/A. Further prayer has been made for release of the seized articles forthwith.

(2.) While admitting this application by order dated 22.12.1993 the seized articles were released in favour of the petitioner on furnishing security.

(3.) Mr. Anil Kumar Sinha, learned counsel appearing on behalf of the petitioner, has firstly contended that the allegations contained in the complaint petition do not constitute an offence inasmuch as in view of several decisions of this Court the petitioner is not required to obtain licence under the Bihar Trade Articles (Licences and Unification) Order, 1987 (shortly Unification Order'). His contention is that as the fees for obtaining licence have not been prescribed, there is no question of obtaining a licence under the Unification Order. Secondly, it is contended that there having no storage limit, the petitioner cannot be said to have violated any clause of the Unification Order. Lastly it is contended that Senior Marketing Officer, Rationing, namely, Jai Prakash Mallick, was not competent to make search and seizure and, as such, the seizure itself is vitiated in law.