TRILOK CHAND AGARWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD M/s R.K. Singh and N. Ganguly, the learned counsel for the petitioners and Mr. Jharkhandi Upadhaya, the learned A.P.P. for the State.

(2.) THE two petitioners herein, who are respectively the Proprietor and the Manager of M/s Durga Agency, the Clearing and Forwarding Agents (hereinafter referred to as "the C&F Agents") of M/s Gujarat Co -operative Milk Marketing Federation Ltd. (hereinafter referred to as "the Company") have prayed for the quashing of the entire criminal proceeding in connection with Special Case No. 30 of 1998 arising out of Gardanibagh P.S. Case No. 514 of 1998 including the order dated 14.11.2005 passed by the learned Sub -Divisional Judicial Magistrate, Patna, whereby he has taken cognizance under Section 7 of the Essential Commodities Act (hereinafter referred to as "the E.C. Act"). One G.P. Sharma, Executive Magistrate, Patna, submitted a written information on 29.8.1998 before the Officer In charge, Gardanibagh P.S. stating inter alia that on that day on receipt of complaint regarding adulteration of edible oil, he alongwith others raided the premises of M/s Shalimar Cold Storage, Anisabad, which was the storage premises of the -C&F Agents. It is alleged that in course of the raid in the presence Depot Manager, Bishwanath Roy, and petitioner Ajay Agarwal it was detected that the price and stock position as required under the Bihar Essential Articles (Display of Prices & Stocks) Order, 1977, had not been displayed and on demand the relevant documents were not produced for verification. It was also alleged that the edible oil was stored on wet flooring which was not congenial. Accordingly the entire stock of edible oil was seized and removed to a better place and handed over to the owner of the cold storage under a Zimanama and samples of the edible oil was taken. It was alleged that the two petitioners and the Depot Manager had violated the provisions of the Bihar Essential Articles (Display ot Prices & Stocks) Order and Bihar Trade Articles (Licenses Unification) Order, 1984. it was also stated that the requisite sanction for prosecution had been duly obtained.

(3.) IT has been submitted on behalf of the petitioners that the sample of edible oil taken for examination were found to be pure, and genuine as it would be apparent from the report submitted by the local Health Authority which are Annexures -2 and 3 to the application. On the aforesaid premise the leamed counsel sought to submit that the allegation of the edible oil being adulterated does not appear to be correct.