ABHIMANYU PAUL Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against an order of taking cognizance for an offence under Sec. 7 of the Essential Commodities Act. According to the allegations, the petitioner happens to be proprietor of a Biscuit Factory. From his premises 32 bags of cement had been recovered. The allegation is that he must have purchased the cement in black -market.

(2.) I am afraid that the allegations are not complete for the offence.

(3.) After all in absence of any visible offence whatsoever, in fact that the petitioner had purchased the cement fn black -market, he cannot be made an accused for that offence. Moreover, it is not stated that the petitioner was found selling the cement in black -market. As fact stands, this is a case of storage without any transaction. In this view of the matter, no offence is made out.