HARI CHAND AGARWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in this application seeks quashing of the entire criminal prosecution including order taking cognizance dated 2-7-1990 passed by learned special Judge, (E. C. Act), Jamshedpur in Jugsalai P. S. Case No. 19/90 under Section 7 of the E. C. Act.

(2.) The allegations which are the basis of the complaint are that when the business premises of the petitioner was inspected he was found to have stocked various quantity of wheat and rice which were not entered in his stock register. The petitioner failed to produce any licence as required under the provisions of the Bihar Trade Articles (Unification of Licences) Order, 1984.

(3.) It is not necessary to go in detail about facts of the case, as it has been pointed out by the learned Counsel for the petitioner that for dealing in rice and wheat no licence is required under the above said order. In support of his contention learned Counsel has referred to a Bench decision of this Court in the case of Shibshankar Sah V/S.State Of Bihar, 1996 2 Eastcric 758 (Pat) and also to a Single Bench decision of this Court in the case of Adkhayabar Sao alias Ackhayabat Sahu V/s. State of Bihar,1990 EastCriC 88 (Pat).