SATYA NARAYAN KEJRIWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this application under Articles 226 and 227 of Constitution of India, the petitioners have prayed for issuance of a writ in the nature of mandamus for quashing the First Information Report giving rise to Ranchi Kotwali P.C. Case No. 0071/1984, dated 3-2-84 and also for quashing of confiscation proceeding and restraining the respondents from taking any action against the petitioners on the basis of the said First Information Report. It was further prayed that the articles seized be released in favour of the petitioners.

(2.) The petitioners are partners of a registered partnership firm known as M/s. Bharat Oils and registered under the Indian Partnership Act who carries on business of manufacturing and wholesale of edible oil. The said firm holds a licence under the provisions of Bihar Edible Oil Dealers Licensing Order, 1966 (for short the Licensing Order, 1966) which has been renewed from year to year. A renewal application in respect of licence alongwith renewal fee was submitted before the licencing authority annexing the original licence required to be submitted for such renewal.

(3.) It appears that on 2/3rd February,1984 the Executive Magistrate, respondent No.3 raided the business premises of the petitioners under the orders of Deputy Commissioner-cum-Collector, Ranchi, respondent No.2 The raiding party after counting the stock at the business premises including the mills and the godowns locked and sealed the place where the articles were found and prepared a list of the seized articles including the articles taken by them as samples.