GEETA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for setting aside and quashing the order of cognizance against the petitioner passed by the Special Judge, Patna on 28-6-1985 in Special Case No. 38/84 under Section 7 of the Essential Commodities Act.

(2.) The admitted position is that the petitioner had a licence for storing coal in a depot and selling the same to consumers. Although the licence (licence No. 28/82) stood in the name of the petitioner Geeta Devi, the business was looked after and being run by her husband Bhuvneshwar Prasad.

(3.) The prosecution case is that in the evening of 10-8-84 the Supply Inspector Food Intelligence Branch along with other officers of the supply department made inspection of the business premises of the petitioner and on stock verification found that there was 21885 kg of coal at the spot and which tallied with the entry in the stock register as such there was prima facie irregularity regarding stock position on 10-8-84. The prosecution case further is that on 26-7-1984 the stock register indicated purchase of 14750 kilos of coal in respect of which receipt obtained from the transport firm showing weighment of the aforesaid amount of coal was produced. The Supply Inspector submitted a written report on 11-8-84 at Chowk P. S. allenging therein that in accordance with the terms of the license issued under Bihar Trade Articles (Licences Unification) Order 1984 (hereinafter referred to as the Unification Order). The dealer in coal had to disclose the source from which the coal had been obtained and that mere production of a receipt showing the weightmen of the amount of coal was not sufficient compliance with the terms of the license. The supply inspector had found in course of his visit that it was the petitioner's husband Bhuvneshwar Prasad who was looking after the depot and running the business and on questioning he intimated the supply inspector that the licence had been submitted in the supply office for renewal. The police after investigation submitted chargesheet and thereafter the impugned order of cognizance was passed.