LUV KUSH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the counsel for the petitioners and the State.

(2.) THIS application has been filed for quashing the order dated 1.7.2005 whereby cognizance has been taken for offences under Sections 420, 473, 274 of the IPC and u/s 7 of the Essential Commodities Act against the petitioners in Paliganj P.S. Case No. 109/04.

(3.) COUNSEL for the petitioners has assailed the order taking cognizance on various grounds. It has been submitted that there is no provision in the Bihar Motor Spirit and High Speed Diesel Oil Dealers ' Licensing Order, 1966 (hereinafter referred to Order, 1966) that diesel cannot be supplied through fixing a nozzle. It is not an offence and such allegation does not attract any offence u/s 7 of Essential Commodities Act. It has also been submitted that the sample which was collected, should have been sent to the laboratory within 10 days from the date of taking sample which was not done.