SANTOSH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS criminal revision application is directed against the order dated 19.2.1991 passed by Special Judge (E.C. Act), Patna, in Special Case No. 14 of 1989 whereby he has taken cognizance of an offence under Section 7 of the Essential Commodities Act (hereinafter referred to as the Act) against the petitioner.

(2.) IT appears that a prosecution report was lodged by Inspector (Food) C.I.D., Patna, at the Gardanibagh Police Station Alleging that the petitioner lifted coal from collieries and instead of bringing coal at his place of business he diverted the same to U.P. and thereby be committed an offence punishable under Bihar Trade Articles (Licenses Unification) Order, 1984 (hereinafter referred to as the Order). The copy of the first information report has been filed as Annexure 1. It was stated in the said report that the petitioner has contravened the provisions of Clauses 10 and 16(1) of the Order and the terms of the licence. The Police, after investigation, submitted charge sheet finding it to be correct that the coal was sent to U.P. by the petitioner instead of bringing it to his place of business. The learned Special Judge took cognizance of the offence under Section 7 of the Act on the basis of the said charge sheet and the materials contained in the case diary .The learned Special Judge observed that prima facie case is made out for contravention of Clauses 10 and 16 of the Order and conditions 2 and 10 of the licence.

(3.) A wholesale dealer has been defined under sub clause (u) of Section 2 of the Order which runs of follows: 'Wholesale dealer' means a person engaged in the business of purchase, sale or storage of any article (specified in Schedule I) for purpose other than personal consumption within the storage limit fixed by the Government from time to time.' Retail dealer has been defined in sub clause (p) of Section 2 of the Order which runs as follows; 'Retail dealer' means a person engaged in the business of purchase, sale or storage of any article (specified in Schedule I) for purpose other than personal consumption within the storage limit fixed by the Government from time to time.'