NATHU RAM AGARWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed under Section 482 of the Code of Criminal Procedure by the sole-petitioner for quashing the entire criminal proceeding including the order dated 3-4-1999 in connection with Kenduadih PS Case No. 104 of 1998 corresponding to G.R. Case. No. 2469 of 1998 in which cognizance was taken by the Special Judge (E.C. Act), Dhanbad, under Section 7 of the Essential Commodities Act.

(2.) The brief case of the prosecution as stated that the informant party raided the shop premises of the petitioner on 15-7-1998. The stock of the articles was verified and no document was produced file ://D :\Prograrn Files\Crirnes\database\aa\aa\cmo 2001-4 (5019 of 1999 (R)).htrn 8/7/2006 at the relevant time. Accordingly, seizure list was prepared. It is alleged that the rice, wheat, sugar, dal and mustard oil etc. said to have been recovered from the shop premises of the petitioner. Accordingly, the First Information Report was lodged.

(3.) The learned counsel appearing on behalf of the petitioner submitted at the very outset that the petitioner has got no concern with the goods seized from the godown situated in the house of one Subhash Gupta. It is further submitted that the petitioner is a retail trade licensee of the food grains having licence No. 2/KND/89, hence no licence is required for the articles said to have been seized from the said premises as the storage limit has not been fixed in respect of wheat, mustard oil, dal, atta etc., and the whole prosecution case is false. Counsel for the petitioner also submitted that according to the storage limit of the trade articles as indicted in CSR 49 dated 17th October, 1985, the retail dealer in sugar could have possessed the quantity of sugar upto 50 quintals and the sugar said to have been recovered from the premises of the petitioner was below 50 quintals and, as such no violation was made. As regards two other articles said to have been recovered do not require licence as admittedly there is no storage limit prescribed by the Government, which is mandatory.