RATAN KUMAR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. N.K. Agrawal, Senior Advocate and Mr. K.C.K. Sinha, Advocate, learned counsel for the petitioners and Mr. Jharkhandi Upadhyay, the learned A.P.P. for the State.

(2.) THE petitioner through this instant application seeks the quashing of the entire criminal proceeding including the order dated 6.4.2004 passed by the learned Chief Judicial Magistrate, Samastipur whereby and whereunder he has taken cognizance of the offence under Section 7 E. C. Act in Patori PS. Case No. 46 of 1999 (G.R. No. 7/99, Tr. No. 2106/04) (presently pending in the Court of learned S.D.J.M., Samastipur).

(3.) IT appears that at about 4.30 P.M. on 30.5.1999 the business premises of the petitioner was inspected by the authorities of the Supply Department in absence of the petitioner but his son was present who assisted the authority in the inspection. However, he could not produce any paper for the stock of rice and wheat available in the business premises of the petitioner. It is also said that although there was display board in the business premises of the petitioner as required under the provisions of Display Order, 1997, the authorities told the son of the petitioner that there should also be a display board at the godown premises and accordingly the instant case was lodged.