JUDGMENT
Daljit Singh Dhaliwal, J.
1. This order will also dispose of Cr. Misc. No. 2763 of 1989 (R) as both the criminal miscellaneous petitions are directed against one and same the order dated 30.7.1988 passed by Sri. K.N. Singh, Special Judge
(E.C. Act), Ranchi in Kotwali P.S. Case No. 423 of 1985, whereby he took cognizance for offence under Section-7 of the essential Commodities Act, 1955 (hereinafter referred to as the ‘Act’) against Chandra Mohan Chowdhary, the petitioner, herein and Sardar Harbans Singh, petitioner in Cr. Misc. No. 2763/89 (R), on a criminal complaint filed by one Sri, O. Minz, Officer of the Food Department.
2. The facts leading to prosecution of the petitioners, in brief, are that on 26.6.1985 Sri. O. Minz, an officer of the Food Department carried out a raid at the garrage of Sardar Harbans Singh and seized 196 bags each containing one quintal Arhar Dal. One Sri, Dwarika Singh who was present at the garrage disclosed that seized goods belonged to the petitioner, Chandra Mohan Chowdhary who brought the same and stored the bags in the go down about two days back since there is no licence in the name of the petitioners for premises from where bags containing Arhar Dal were recovered it was suspected that Arhar Dal was stocked for sale in black market. This led to registration of Kotwali (Sukhdeo Nagar) P.S. Case No. 423/85 under Section 7 of the Act. After investigation charge-sheet was submitted against, Chandra Mohan Chowdhary, the petitioner herein and Sardar Harbans Singh, petitioner in Cr. Misc. No. 2763 of 1989 (R) whereupon the learned Special Judge, Ranchi, took cognizance for offence under Section-7 of the Act against both the petitioners.
3. I have learned Counsel for the parties in both the petitioner and have perused the records with their assistance.
4. Mr. B. Poddar, learned Counsel for the petitioners submits that on the date of the alleged recovery no storage limit in respect of pulses had been fixed by the State Government as a result whereof the Bihar Trade Articles (Licences Unification) Order 1984 (hereinafter referred to as ‘Unification Order’) was rendered unworkable and as such the petitioners cannot be said to have violated any of its provisions so as to be prosecuted under Section -7 of the Act. In support of his contention the counsel has placed reliance on 1988,P.LJ.R. 463 (M/s Rajesh Trading Company Ltd v. State of Bihar and Anrs) wherein it has been held that the provisions of Unification order does not apply if no notification fixing the storage limit has been issued.
5. I find sufficient merit in the contention raised by the learned Counsel for the petitioners. The storage limit in respect to various articles of food was fixed by the State Government for the first time on 17.10.1985 vide notification G.S.R. No. 47 of the even date. This factual position is not controvered by the learned A.P.P. appearing for the State. Thus, there was no notification fixing storage limit issued by the State Government in force on 26.6.1985 on
which…(Sec 11) well settled, as also held in the case relied upon by the learned Counsel for the petitioners, that absence of the notification fixing storage limit in respect of an article renders the unification order unworkable in respect of that article. Since in this case there was no notification in force on the date of the recovery fixing storage limit for pulses the Unification Order cannot be held as workable on that date. In this situation, the petitioners cannot be said to have violated any of its provision making them liable for an offence under Section-7 of the Act. The order taking cognizance for that offence and consequent criminal prosecution of the petitioners, is, therefore, bad in the eyes of law and cannot be sustained.
6. In the result, I allow both the petitions, set aside the impugned order of taking cognizance dated 30.7.1989 and quash the entire criminal proceeding pending against the petitioners in the court of special Judge (E.C. Act) Ranchi in Kotwali P.S. Case No. 423 of 1985.
7. Let a copy of this order be placed in the record of Cr. Misc. No. 2763 of 1989 (R).