SHIV NANDAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. has been filed to quash the order of cognizance dated 22.9.2006 passed by C.J.M., Nawada in Akbarpur P.S. Case No. 180 of 2005 thereby cognizance under Section 7 of the E.C. Act has been taken for violation of provisions of the Bihar Trade(Licenses Unification) Order, 1984.

(2.) Heard the learned Counsel for the petitioner as well as the State.

(3.) The submission of the learned Counsel for the petitioner is that on the date of search and seizure, the Bihar Trade Articles (Licenses Unification) Order was not workable. There was no authorisation in favour of any of the authority for search and seizure launching prosecution. The notification of the Government with regard to authorisation of the authorities to exercise jurisdiction under Public Distribution System Order, 2001 was notified much after the institution of the case on 25.5.2006. It is further submitted that the cognizance taken on the basis of illegal search it, the learned Counsel for the petitioner has relied upon a decision, Maheshwar Prasad and Ors. v. State of Bihar,2007 2 PLJR(SC) 103