BRITANNIAINDUSTRIESLTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Prasun Kumar Deb, J.-This writ petition has been filed the above-named petitioners for quashing the seizure of the raw materials being vanaspati, wheat flour and sugar by the seizure list (Annexure 4) by respondent No. 3 on 15-5-1990 on the ground of violation of the Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter to be referred to as 'the Unification Order').

(2.) The grounds for seizure were mentioned in the seizure list and also in the first information report lodged with Chakradharpur Police Station which may be mentioned here :

(3.) The facts of the case are almost admitted. The petitioners are Industries engaged in manufacturing biscuits in the backward area of the State of Bihar, namely, at Chaibasa. As per the petitioners' case, petitionerNo. 1 M/s. Britannia Industries Limited, they get biscuits of their brand name manufactured at Chakradharpur Manufacturing Unit of petitioner No. 2 M/s. Pawan Biscuits Co. (P) Limited. For the purpose of such manufacturing of biscuits by petitioner No. 2, for and on behalf of petitioner No. 1, there was an agreement between the two petitioners by which petitioner No. 1 was required to supply all raw materials and, as such, the seizure and criminal prosecution against the petitioners are on misconception of law and facts.