USHA RAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the State.

(2.) IN the instant writ application the petitioner prays for quashing the prosecution of Rampur P.S. Case No. 19 of 2007 dated 7.3.2007 under Section 353 of I.P.C. and Section 3 of the Essential Commodities Act wrongly mentioned as Section 3 of Essential Substance Act. The case of prosecution in short is that the petitioner got a licence No. 19/ 98 dated 24th July, 1998 under the provision of Rule 3 of the Seeds (Control) Order, 1983 for selling, exporting and storing of plants issued by the Sub -Divisional Officer (General), Gaya Sadar, as contained in Annexure -2. One Sunil Kumar Singh filed a complaint stating therein that he purchased two Aarika palm plants from Happy Nursery of which the petitioner was proprietor, at the cost of Rs. 80/ -. He further alleged that the receipt granted to him did not bear any signature either of the firm proprietor, or its agent. He apprehends that the plants are being sold at higher price. Pursuant to the aforesaid complaint the District Agriculture Officer, Gaya directed an enquiry to be done. The District Horticulture Officer and others conducted enquiry and submitted their report dated 1.2.2007 wherein it has been stated that the petitioner is carrying on the said business beyond the validity period of licence without its renewal which has caused revenue loss to the State Exchequer. They further alleged that in course of inspection stock register, sale register and cash memo could not be produced as petitioner was not present. As such the petitioner has violated the provision under Section 3 of the E.C. Act.

(3.) ON the basis of the aforesaid report Sub -Divisional Agriculture Officer lodged the F.I.R. with Rampur Police Station alleging therein that the petitioner was carrying on business of Nursery, namely, 'Happy Nursery without renewal of his licence, which is an offence under Section 19 of the Seeds (Control) Order, 1983. Pursuant to the F.I.R. a case was lodged under Section 353 of the I.P.C. and 3 of Essential Substance Act, 1983.