MAUJI LALL Vs. STATE

JUDGEMENT

(1.) This is an application for quashing the prosecution of the petitioners, proprietors of a firm called M/S. Mauji Lall Arjun Prasad of Biharsharif, under Sections 7 and 9 of the Essential Commodities Act, 1955, pending in the court of Shri B.N. Ambastha, Munsif Magistrate 1st Class, Biharsharif.

(2.) On the 25th of July 1907, the Assistant district supply Officer, Biharsharif filed a complaint before the Subdivisional Officer, Biharsharif, alleging, inter alia that certain irregularities had been detected in the stock register maintained by the petitioners' firm, that there was failure to comply with instructions of Government by not displaying tally cards and signboards and such, there was a breach of the conditions of the licence that contrary to the directions given to the firm, daily returns for certain periods had not been submitted that stock registers of foodgrains other than wheat were not being maintained, that fortnightly returns in form C. prescribed under the Bihar Foodgrains Dealers licencing Order, 1966, of the stock and all the receipts and deliveries thereof had never been furnished and that petitioners did not offer proper facilities to the officer or officers conducting the verification of the godown. It was also alleged that despite repeated demands the firm had failed to furnish a list of godowns occupied and maintained by them. A F.I.R. with similar allegations had been lodged with the police on the 25th of April 1967. Before the police had closed the case the Assistant District Supply Officer filed the complaint spoken of above. The learned Subdivisional Officer, Biharsharif by his order dated the 25th of July, 1967 has taken cognizance of a case under Sections 7 and 9 of the Essential Commodities Act against the petitioners. It is this prosecution which is being sought to be quashed.

(3.) In the result this application succeeds, criminal proceedings pending in the court of Shri R.N. Ambastha Munsif Magistrate, 1st Class Biharsharif will be quashed. The rule is accordingly made absolute.