Patna High Court Cr.Misc. No.12524 of 2001 (4) dt.18-08-2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12524 of 2001
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Dinesh Prasad Singh .... .... Petitioner/s
Versus
State Of Bihar .... .... Opposite Party/s
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with
Criminal Revision No.866 of 2001
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Nand Kishore Prasad .... .... Petitioner/s
Versus
State Of Bihar .... .... Respondent/s
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Appearance :
(In both cases)
For the Petitioner/s : Mr. N. K. Agrawal, Senior Advocate
Mr. D. N. Tiwary, Advocate
For the Respondent/s : Mr. Dilip Kumar Sinha, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE HARMA
AND
HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA)
4 18-08-2011 Both these cases were referred to the Division Bench by
the learned Single Judge on the issue as to whether the
provisions of Bihar Trade Articles (Licenses Unification) Order,
1984 are workable with regard to edible oil on account of non-
definition of different categories of cities.
Criminal Misc. No. 12524 of 2001 has been filed on
behalf of the petitioner Dinesh Prasad Singh challenging the
order dated 28.08.1999 passed in G.R. Case No. 11 of 1994 by
which the Special Judge, Aurangabad has rejected the
Patna High Court Cr.Misc. No.12524 of 2001 (4) dt.18-08-2011
application filed on behalf of the petitioner to discharge him for
the offences alleged to have been committed under Section 7 of
the Essential Commodities Act read with Sections 414 and 120B
of the Indian Penal Code.
The brief facts of the case are that First Information
Report was instituted alleging therein that the informant
suspected that mustard oil was being sold in the black market.
On the basis of the aforesaid suspicion, the shop of Ravindra
Prasad @ Munna and Vikash Keshari were searched and 20 &
25 tins of mustard oil were recovered from their shops
respectively.
Criminal Revision No. 866 of 2001 has been filed on
behalf of the petitioner Nand Kishore Prasad for setting aside the
order dated 11.10.2001 passed in G.R. Case No. 10 of 1996 by
which the Sub Divisional Judicial Magistrate, Aurangabad has
dismissed the discharge application filed on behalf of the
petitioner.
Briefly stating, the allegation is that the shop and
godown of the petitioner was searched and rice, pulses, sugar,
washing powder and 05 quintals of edible oil were seized by the
Officer-in-charge of the Aurangabad Town Police Station. It is
alleged that the petitioner was unable to produce the license
Patna High Court Cr.Misc. No.12524 of 2001 (4) dt.18-08-2011
showing him to be a retail or wholesale dealer of the items so
seized.
The question raised in the above two cases have been
decided by a Division Bench of this Court in Criminal Misc. No.
33926 of 2002 vide order dated 29.07.2011 wherein the Division
Bench has relied upon another Division Bench decision passed
in Criminal Misc. No. 1045 of 1987, wherein it has been clearly
held as follows:-
“It has been settled by this Court that if A Class and B
Class Cities are not defined the Unification Order in relation to
edible oil will not be workable. It has been also stated by a
catena of decisions of this Court that when the Unification Order
is not workable, the persons cannot be prosecuted for violation
of its provisions.”
Considering the two aforesaid orders of the Division
Bench, this Court quashes the impugned orders dated
28.08.1999 passed in G.R. Case No. 11 of 1994 and 11.10.2001
passed in G.R. Case No. 10 of 1996.
These two applications are accordingly allowed.
(Shyam Kishore Sharma, J)
Prabhakar Anand/- (Sheema Ali Khan, J)