MOHANLAL JAISWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Misc. No. 3327/83 (R) has been filed by Mohan Lal Jaiswal who is the owner of the house wherefrom some essential articles have been recovered and Criminal Misc. No. 3265/83 (R) has been filed by the tenant and the owner of the essential articles. During a raid conducted by the Assistant Marketing Officer, Garhwa, on 15-11-83, 11 quintals 65 Kgs. oilseeds, 15 Kgs. Tisi oilseeds and 75 Kgs. of Maize (Makai) and 95 Kgs. of Urad pulses have been recovered and so an F. I. R. has been lodged at the police station on 16-11-83 at 9 p. m. for the violation of the provisions of the Bihar Essential Articles (Display of Prices and Stocks) Order, 1977 (in short the 'Order') and the Pulses, edible oil-seeds and edible oil Storage Control Order, 1977. The F. 1. R. has been challenged by both the petitioners on the ground that there is no violation of any Order and as such the prosecution against the petitioners is bad and it is liable to be quashed.

(2.) The learned counsel for the petitioners has referred to Clause 3 of the Pulses, Edible Oil Seeds and Edible Oils (Storage Control) Order, 1977 wherein it has been mentioned : "Notwithstanding anything contained in any State Order, after the expiration of a period of 15 days from the coining into force of this clause, no person shall carry on business as a dealer in pulses or edible oilseeds or in edible oils except under and in accordance with the terms and conditions of a licence granted under a State Order if the stocks of pulses or edible oil-seeds or edible oils in his possession exceed the quantities specified below :- <FRM>JUDGEMENT_500_BLJ1_1988Html1.htm</FRM>

(3.) So according to the learned counsel for the petitioner there is no need for any licence if the stock of pulses, if taken together, is less than 10 quintals and stock of edible oilseeds is less than 30 quintals. In the case of the petitioners, the v eighment of pulses in 95 Kgs and the weighment of edible oils taken together is 11 quintals 80 Kgs. (11 quintals 65 Kgs. Til and 15 Kgs. Tisi oilseeds). It was also stated that there is no State Order as the stock recovered from the possession of the petitioner Ramesh Prasad is less than the required quantities of 10 quintals of pulses and 30 quaintals of edible oilseeds and so the provisions of the State Order of 1977 are also not applicable.