GIRDHARI LAL TIWARE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The present application has been filed for quashing the order dated 24.6.1991 taking cognizance against the petitioner and one Naresh Kumar Agrawal.

(3.) According to the prosecution case, the Assistant District Supply Officer, Saraikelia along with the other officials inspected the godown of one Naresh Kumar Agarwal situated in the house of Lalit Kumar Tulsiyan on 28.2.1991 and found 6243 tins of the edible oil stored in two rooms. On enquiry it transpired that the aforesaid said tins of edible oil belonged to Naresh Kumar Agarwal and said godown was not found mention in the licence. Thereafter, a first information report was lodged by the District Supply Officer against the Proprietor Naresh Kumar Agarwal and his employees (petitioners) as well as the owner of the house, alleging therein that the licence and his employees in conspiracy with the owner of the house has stored the aforesaid tins of edible oil in protection with the terms and conditions of the Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter referred to as the order'). Naresh Kumar Agarwal came to this Court in Cr. Misc. No. 2625 of 1991 for quashing the prosecution. this Court held that the petitioner of the case has duly intimated the authorities that the arrival of the goods as contemplated under Section 2(b) of the licence as such he (licencee) has not contravened any of the provisions of the Unification order or the terms of the licence and accordingly quashed the prosecution by judgment dated 29.10.1991. It is stated by the learned Counsel for the petitioner that a S.L.P. filed by the State against the said order has been dismissed by the Supreme Court which fact has not been denied by the State Government.