RAM CHANDRA SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the impugned order dated 28.2.1981 passed by Sri A. Ojha, Sub -divisional Judicial Magistrate, Bermo at Giridih in Jaridih P. S. Case No. 5 (3) 79 by which the learned Magistrate has taken cognizance against the petitioner for an offence under Sec. 7 of the Essential Commodities Act (hereinafter to be referred to as the Act). The facts leading to this case is that the informant, who happened to be the Block Development Officer had received an information at about 9 P. M. in the night from the Deputy Commissioner, Giridih for making a raid at the petrol pump, named and styled as M/s. Ashoka Auto Service. The purpose behind the raid was that the price of the petrol had been increased with effect from 1.3.1979 and that being so, there was an order of the Deputy Commissioner that all the stocks existing prior to 1.3.1979 should be sold at the old rate and only the new stock with effect from 1.3.1979 be sold on the increased rate. The Block Development Officer took along with him the Officer Incharge of the concerned police station and thereafter he had verified the cash memos, stock register etc., and thereafter an information had been given to the police and a case had been registered.

(2.) It appears from perusal of the police report that the instant prosecution is on account of the fact that the cash memos and the stock register indicated that the price sold were at the new rate which was given effect from 1.3.1979 and also neither the stock nor the price had been displayed as contemplated under the Bihar Essential Articles (Display of Prices and Stocks) Order, 1977 (hereinafter to be referred to as the said Order).

(3.) Learned counsel for the petitioner has questioned the validity of the impugned order of cognizance purely on legal grounds which, in my opinion, are quite acceptable. From the prosecution report itself it appears that the raid had been made at about midnight and admittedly that was not the business hours of the concerned petrol pump. Under the circumstances, if there be any inspection what -so -ever beyond the working hours of the business, I am afraid the contravention of the said Order cannot be said to have been committed. Under the circumstances, the petitioner cannot be said to be liable for the contravention of the said Order.