RAMESH KUMAR KEJARIWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure (the Code) has been filed by the abovementioned petitioner for quashing the entire criminal proceedings including the order explaining substance of acquisition dated 29.4.1994 passed by the Special Judge, E.C. Act, Chaibasa, in connection with Chakradharpur P.S. Case No. 86 of 1991 (G.R. Case No. 20 of 1991) under Section 7 of the Essential Commodities Act (the Act).

(2.) THE brief facts are as follows:

(3.) IT is submitted by Mr. S.L. Agrawal, appearing for and on behalf of the petitioner that the prosecution lodged against the petitioner for violating the Unification Order is not maintainable on the face of it as Clause 3 of the Unification Order had given permissible limit to the whole seller like that of the petitioner to store up to the limit of 10 quintals of edible oil. But from the prosecution report it appears that the storage limit was considered as 8 quintals only as per the Central Government Order of 1977 and such violation had been alleged against the petitioner for keeping 70 Kgs. more than the permissible limit.