RAJENDRA KUMAR AGARWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard both the parties.

(2.) This is an application under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding and the order of cognizance, dated 19-7-1988 in connection with Sakchi S. P. Case No. 262/87, dated 12-11-1987 instituted under Section 7 of the Essential Commodities Act and also under Bihar Essential Articles (Price and Display) Order, 1977 (to be referred to hereinafter as 'Display Order' for brevity).

(3.) It has been alleged on behalf of the prosecution that on 12-11-1987, business premises of the petitioner was found locked. So it was sealed and subsequently it was unlocked and about 93 quintals of variety of pulses were found and it was detected that the petitioner was carrying on business without obtaining any licence. There is another allegation that necessary signboard under the Display Order had not been displayed. It was contended on behalf of the petitioner that so far pulses are concerned, licence is not required under the provisions of Bihar Trade Articles (Licences Unification) Order, 1984 because uptill now, licence fee has not been prescribed.