AWADH KISHORE SAHAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) : Vishnudeo Narayan, J. This application has been filed by accused petitioner under section 482 of the Cr.P.C. to quash the entire criminal proceeding of Putki P.S. Case No. 86 of 1991 corresponding to G.R. No. 1502 of 1991 including the order dated 4.12.1995 taking cognizance under section 7 of the Essential Commodities Act in this case now pending in the court of Special Judge, Dhanbad.

(2.) THE facts giving rise to this application are as follows: -

(3.) 2000(4) PLJR 520], Ambika Prasad Singh vs. State of Bihar [2000 East Cr.C. 861 (Pat)] and Sidheshwar Pandey and another vs. State of Bihar and Others (C.W.J.C. No. 6231 of 1994 -unreported decision of Patna High Court, Patna), it has been submitted that on the alleged date of the occurrence the Order aforesaid was not workable in relation to coal in view of the fact that in the Order storage limit had not been fixed either in relation to wholesale dealer or in relation to retail dealer. If has also been submitted that by notification dated 17.10.1985 storage limit has been fixed relating to different articles of retail dealers and wholesale dealers with respect to each commodity separately but so far coal is concerned, it has been simply stated in clause 13 of the notification that coal dealer means a person who at any time holds stock of coal in a quantity exceeding 10 quintals and it has no where been stated therein that what is the storage limit of wholesale dealer or a retail dealer and unless the storage limit of the wholesale dealer or a retail dealer is fixed, the Order aforesaid is not at all workable. Lastly it has been contended that the investigation in this case has been made by one Sri J.P. Das, who is Assistant Sub Inspector of Police which is in violation of clause 30 of the said Order which authorizes any police officer not below the rank of Sub Inspector to make search and seizure and investigate the case.