SHYAM NANDAN PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under sec. 482 of the Code of Criminal Procedure (in short as the Code) has been filed for quashing the entire criminal prosecution against the petitioner pending before the Sub -divisional Judicial Magistrate, Gaya vide G.R. 1770/90 Tr.No. 1956/04, arising out of Tekari PS. Case No.90/99 under section 7 of the Essential Commodities Act (in short as E.C.Act) including the order of cognizance dated 14.8.2003 as well as the order dated 9.11.2004 refusing to discharge him from the case.

(2.) HEARD learned counsel for the petitioner and learned A.P.P. on behalf of the State.

(3.) COUNSEL for the petitioner submitted that the Food Corporation of India and the State Food Corporation are making purchases for sale and storage for sale of trade articles by or on behalf of the Central or the State Government. He pointed out that under Clause 31(2) of the Bihar Trade Articles (Licence Unification) Order, 1984 (hereinafter to be referred to as Unification Order ') an exemption has been provided to the officers, Department, Institutions and other organisations of the State Government from the provisions of the Unification Order, 1984. He submitted that the provisions of Licences Unification Order as mentioned above is not appliable against the officers of State Food Corporation and Food Corporation of India. In support of his contention, he referred to Annexure -4 which is an order dated 24.6.2004 passed by this Court in Cr.Misc.No.514 of 2004 styled as Kanti Prasad vs. The State of Bihar. Learned counsel submitted that in view of above exemption as provided in the Unification Order, 1984 petitioner 'sprosecution is an abuse of process of Court.