MAHESHWARI OIL MILLS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application for quashing a proceeding arising out of a report by the Supply Inspector against the petitioner and further for quashing an order by which the Magistrate has refused to release certain goods seized from the petitioner's business premises.

(2.) The petitioner is said to be a licensee under the Bihar Foodgrains Dealers' Licensing Order (hereinafter to be referred t0 as 'the Foodgrains Order') and also under the Bihar Edible Oil Wholesale Dealers' Licensing Order, 1966 (hereinafter to be referred to as 'the Edible Oil, Order). On the 1st July, 1975, it is said, the Supply Inspector, along with some others raided the business premises of the petitioner and found excesses and shortage of respect of maize, mustard oil, mustard seeds and salt. It is alleged that there was an excess of 6 kilograms of mustard oil kept in 4l ties; a shortage of one quintal 20 kilograms of maize kept in 70 bags, and also a shortage of 245 quintals 75 kilograms of mustard seeds and an excess ol salt kept in 442 bags. The aforesaid figures are said to have been arrived at after physical verification with reference to the Stock Register in respect of mustard oil, maize and mustard seeds. No Stock Register, however, it i-s said, was maintained by the dealer in respect of salt. Further allegation is that there was no display of stocks and prices of mustard seeds and salt as required by the Bihar Essential Commodities other than Foodgrains Price and Stocks (Display and Control) Order, 1967 (hereinafter to be referred to as 'the Display Order'). Upon these allegations, the petitioner is said to have violated the provisions of the Foodgraims Order, Edible Oil Order, Display Order and Rr. 114 and 116 of the Defence of India Rules.

(3.) On the aforesaid information, the police started investigation. A copy of the first information report, as usual, was placed before the Magistrate also. The investigation is yet pending and no final form has been submitted. Before the Magistrate, however, an application was filed for the release of the articles seized by the police during the raid. Having heard the parties, the Magistrate refused to release the goods aforesaid. Hence the present application.