IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.31447 of 2011
1.Laxmi Shankar Prasad @ Gopal Prasad
2.Triyogi Prasad @ Triyogi Narayan Prasad
Both sons of late Satyanarayan Prasad,
Resident of Gola Bazar, Samastipur, P.S.-
Samastipur Town, District- Samastipur
Versus
The State of Bihar
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2. 17.10.2011. Heard learned counsel for petitioners and learned
counsel for the State.
The petitioners apprehend their arrest in connection with
a case registered for the offence punishable under section 7 of the
Essential Commodities Act and section 3(1)A of the Black
Marketing act.
At the very out set it is submitted that no Act such as
3(1)A of the Black Marketing Act is in existence. It is alleged that
on 7th February, 2011 a team of D.R.I., Members of the Custom
Department, inspected the premises of Bhagwati Rice Mill and
found 19 trailers and two trucks standing, out of which 12 trailers
and 1 truck were loaded with broken rice, weighing in all 900
quintals whereas 7 trailers and one truck were loaded with 744.65
quintals of rice. The broken rice, rice, trailers and trucks were
seized. After seizure, trucks, trailers and rice were kept in the
custom office, Forbesganj. Since no body appeared and claimed the
said articles till 12th February, 2011, the present case was instituted
by the Block Supply Officer for the offence alleged hereinabove.
The petitioners are said to be owner of rice mill. It is
submitted that rice mill in question is closed since several years.
2
There is no boundary wall in the rice mill. The petitioners are
residing at Samastipur. They have got their ancestral property, land
etc at Araria also including the land and rice mill in question. It is
further submitted that the petitioners have no claim over the rice or
broken rice, trailer or truck. It is also submitted that there is no
control on sale or purchase of rice since 2002. In 2002 all control on
sale, purchase and storage has been abolished. No licence is required
for carrying on business in these commodities. The rice is a free sale
commodity. There is no movement control on these commodities.
There is no price control on sale and purchase of rice. Hence,
question of sending rice for black marketing as a matter of fact
would not attract any offence. It is also submitted that the petitioners
have no criminal antecedent and they are respectable men of the
society.
Taking into consideration the facts and circumstances of
the case let the petitioners named above, in the event of their arrest
or surrender before the court below within a period of four weeks
from the date of receipt/communication of the order be released on
bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two
sureties of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Araria in connection with Jogbani P.S. Case
No.12 of 2011 (G.R. Case No.314 of 2011) subject to the conditions
as laid down under section 438(2) of the Code of Criminal
Procedure.
Md.S. ( Ashwani Kumar Singh, J.)