CHANDRASHEKHAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, a dealer under the public Distribution System, has filed this application for quashing the prosecution arising out of Hasanpur P.S. Case No. 99 of 2007 under Section 7 of the Essential Commodities Act (hereinafter referred to as "the E.C. Act.").

(2.) THE prosecution case was set in motion by the Block Supply Officer who submitted a written information to the Officer Incharge of Hasanpur P.S. inter alia alleging that on 15.7.2007 at about 7 P.M. he received information on his mobile that at the Gaddi of Rambinay Yadav who is also a dealer under the Public Distribution System was selling one bag of wheat belonging to the State Food Corporation and the villagers had caught the dealer. The informant 'further learnt in the morning of 16.7.2007 at Bhairba Chowk that Jaikant Yadav reported in writing that one bag of wheat at Modo Chak was lying and a crowd had gathered. However, Umesh Yadav, the member of the Panchayat Samiti and others told the informant to keep the alleged wheat in the godown.

(3.) THE learned Counsel for the petitioner has assailed the F.I.R. on twin grounds. It was firstly sought to be submitted that a dealer under the Public Distribution System was exempted from prosecution in view of Clause 31(2) of the Bihar Trade Articles (Licenses Unification) Order, 1984 (hereinafter referred to as the "Unification Order") as he was deemed to be an agent of the Government and secondly, that it had not been stated as to what Order made under Section 3 of the E.C. Act had been contravened.