GULAB CHAND PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State.

(2.) THE petitioner was a retailer for coal vide licence no. 69 of 1989. A prosecution under Section 6A of the Essential Commodities Act was initiated against him leading to Confiscation Case No. 3 of 1992. THE prosecution under the Essential Commodities Act before the competent Court, Rohtas at Sasaram was registered as G.R. Case No. 2038 of 1991 (Tr.No. 1101 of 2003).

(3.) LEARNED counsel for the State opposing the application submits that in the judgment sought to be relied upon consequent to the acquittal in the criminal trial an appropriate order on appeal was passed setting aside the confiscation order under Section 6(C) of the Essential Commodities Act. The technical distinction made on behalf of the State does not appeal this Court.