BHOLA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner herein, a dealer under the Public Distribution System, has preferred this application for quashing of the order dated 22.9.2007 passed by the learned Chief Judicial Magistrate, Samastipur, in Kalyanpur P.S. Case No. 86 of 2006 whereby he has taken cognizance of offence under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as "the E.C. Act").

(2.) THE prosecution case can be culled out from the written report submitted to the Officer In -charge, Kalyanpur P.S. by the Block Development Officer on 30.7.2006 wherein it was stated inter alia that the Jamadar of Kalyanpur P.S. and Anchal guard had seized 21 bags of rice each of 50 Kgs. weight which was purportedly being transported elsewhere for purposes of blackmarketing by the petitioner. It has been submitted by the learned counsel for the petitioner that he has no concern whatsoever with the seized rice and that the Block Supply Officer having visited the shop of the petitioner after the case had been registered had found no discrepancy or illegality in the business or maintenance of books of account. It was further submitted that even if it is presumed that the rice in question was being carried for the purposes of sale in the blackmarket, the same would not constitute an offence in the eye of law as preparation to commit an offence was not sustainable under Section 7 of the E.C. Act. It was next submitted that trade of rice, wheat etc. is free throughout the country including the State of Bihar in view of the orders issued by the Central and the State Governments by which all licensing provisions in respect of movement and storage control have been abolished.

(3.) THE learned counsel sought to further assail the impugned order by referring to Section 32(2) of the Bihar Trade Articles (Licenses Unification) Order, 1984 which gives special protection to the dealers under the Public Distribution System from prosecution.