NITU PRASAD @ NITU CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure has been filed to quash the order dated 19.9.2006 passed by the Chief Judicial Magistrate, Motihari in Turkoulia (Banjaria) RS. Case No. 176/05 Tr. No. 3106/06 thereby and thereunder cognizance has been taken under Section 7 of Essential Commodities Act against the petitioner.

(2.) It appears that the petitioner is an authorised distributor/dealer of Indane L.P.G. (annexure-6) for rural area, Panchrukha. She has been prosecuted under Section 7 of Essential Commodities Act on the basis of fardbeyan lodged by the Block Supply Officer dated 9.7.2005. The allegation is with regard to irregularity in storage and distribution of gas cylinders.

(3.) Learned counsel for the petitioner challenges the impugned order of cognizance mainly on two grounds; the first is that neither the impugned order nor the Fardbeyan mentions violation of any order or notification issued under the Essential Commodities Act. The other point is that the provision of Bihar Trade Articles (Licences Unification) Order, 1984 does not fix any storage limit and it is also neither workable nor enforceable as far as L.P.Gas is concerned. In support of his contention he has relied upon several decisions of this Court including 1999 BLJR 115 as well as the order passed in Criminal Revision No. 322/91 and Criminal Miscellaneous No. 559 Of 1994.