MUCHHU SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure, 1973, is directed against the impugned order of cognizance dated 27 -7 -93 passed by the Special Judge, Nalanda, Biharsharif, in Biharsharif PS Case No. 251/93 State of Bihar v. Muchho Sao, whereby cognizance has been taken of the alleged offences under Section 7 of the Essential Commodities Act read with provision of Clause (3) of the Bihar Trade Articles (Licences Unification) Order, 1984, and the petitioner has been summoned to stand his trial.

(2.) The Supply Inspector, Biharsharif, lodged an FIR with the Biharsharif Police Station alleging therein that somebody was driving a bullock -cart with mustard oil (6 qntls. & 15 kgs.), packed in 41 tins, were loaded on the bullock -cart. On being intercepted and questioned, the bullock -cart driver allegedly informed the informant that the good belonged to the petitioner herein. Accordingly, the informant visited the place of the petitioner where, according to the FIR, he met the old mother and the daughter of the petitioner, but he himself was not there. The place did not have the semblance of a shop nor any articles were found therein. The informant was not able to seize any licence issued under the Unification Order either. With these allegations, Biharsharif P.S. Case No. 251/93 was registered. The police investigated the allegation and submitted its charge -sheet on the basis of which the aforesaid order of cognizance was passed, and impugned herein.

(3.) While assailing the validity of the impugned order of cognizance, learned Counsel for the petitioner invited by attention to the Notification bearing No. GSR 49, dated 17 -10 -85, issued by the State Government, Clauses 5 and 14 of which are relevant in the present context and are set out hereinbelow for the facility of quick reference: