MITHILESH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) IN the instant writ application the petitioner prays for quashing the F.I.R. of Nardiganj P.S. Case No. 56 of 2007 dated 10.8.2007 registered under Section 7 of the E.C. Act. The allegation is that the petitioner was diverting some of the foodgrains received under BPL Scheme, to a separate godown for the purpose of black - marketing. It has further been alleged that the foodgrains in question bears F.C.I. mark and stitches on the cover of the bag.

(3.) THE learned counsel assails the F.I.R. as well as the seizure on the following grounds. The first ground is that a dealer is an agency of the Government and as such exempted from prosecution under Clause 31(2) of the Bihar Trade Articles (Licence Unification) Order, 1984 (hereinafter to be referred to as 'the Unification Order, 1984 '). In this respect he relied upon a Bench decision of this Court in case of Arun Kumar Paswan reported in 2008 (3) PLJR 33. He submits that the authority has not pin pointed the specific provision which has been violated.