RAM RATAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a petition for quashing the order taking cognizance as also criminal prosecution initiated vide Muzaffarpur Town Police Station Case No. 17 of 1993 under S. 7 of the Essential Commodities Act on the basis of the written report of the District Agriculture Officer, Muzaffarpur. It was alleged though the petitioner was directed to reserve certain fixed quantity of fertilizer for Manipur Block but on verification, such stock was not found. Hence it was alleged that petitioner had violated the provisions of the Fertilizer Control Order, 1985 (in short 'Control Order') as also the terms of the Certificate of Registration and, therefore, punishable under the Essential Commodities Act.

(2.) The petitioner carries on wholesale and retail business in fertilizer in the name and style of M/s. Ashok Tyre Agency and was granted certificate of registration in the year, 1985, which was also renewed till the relevant time by the District Agriculture Officer, Muzaffarpur.

(3.) A question arose for consideration whether under the Control Order any authority has been conferred on the District Magistrate or the District Agriculture officer to issue directions to a dealer in fertilizer with regard to sale and/or reservation of stock for sale to any particular person or group of persons and/or to limit allocation for sale on recommendations and permits issued by such authority, and whether in absence of any specified provision under the Control Order, such direction by the District Magistrate or D.A.O. in this regard are wholly unauthorised and without jurisdiction.