ASHOK KUMAR BARNWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) In all these cases, one of the questions as raised is whether the respondents have jurisdiction to confiscate rice, wheat and edible oil of petitioners after deletion of aforesaid items by Central Government from the purview of licensing order or not.

(2.) C.W.J.C. Nos. 2875 of 2000; 2884 of 2000; and 2900 of 2000 while relate to confiscation of rice and wheat, C.W.J.C. No. 2952 of 2000 relates to confiscation of edible oil. The petitioners have challenged the confiscation cases initiated against them and the orders passed therein. Confiscation Case No. 19 of 2000 was instituted against petitioner Ashok Kumar Barnwal of C.W.J.C. No. 2875 of 2000, wherein confiscation order passed on 17/08/2000. Confiscation Case No. 20 of 2000 was instituted against Birendra Kumar Barnwal of C.W.J.C. No. 2884 of 2000, wherein order of confiscation passed on 17/08/2000. Confiscation Case No. 17 of 2000 was instituted against Gulab Chand Sao of C.W.J.C. No. 2900 of 2000, wherein the order of confiscation passed on 17/08/2000. The Confiscation Case No. 21 of 2000 was instituted against petitioner-Ajay Kumar of C.W.J.C. No. 2952 of 2000 as was pending before the Deputy Commissioner, Hazaribagh.

(3.) The main plea taken by the petitioners is that the provision of the Bihar Trade Articles (Licences Unification) Order, 1984 (Unification Order for short) is not applicable in respect to rice, wheat and edible oil. The Counsel for the petitioners relied on Patna High Court decision in the case of Smt. Kiran Bala Jain v. State of Bihar, reported in (1996) 1 Patna LJR 730 and this Court's judgment in the case of Ram Narayan Saw v. State of Jharkhand, reported in (2001) 2 JLJR 432.