S.J. Mukhopadhaya, J. - (1.) The petitioner has challenged the order dated 28th November, 2001 passed by the Deputy Commissioner, Chatra in Misc. Case No. 89/99. According to petitioner, in pursuance of Itkhori P.S. Case No. 49/97, the aforesaid case was initiated by Deputy Commissioner, Chatra for punishable offence under Sec. 3 and 7 of the E.G. Act. The grievance of the petitioner is that the case has been instituted without initiating any proceeding under Sec. 6 -A of the EC, Act and without any notice under Sec. 6 -C of the Act.
(2.) Further case of the petitioner is that there being no restriction in respect to rice, wheat and edible oil, in absence of control order, it cannot be confiscated, nor any proceeding under EC, Act can be instituted. Reliance has also been placed on the decision of this Court in Ashok Kumar Barnwal v/s. State of Bihar and Ors., reported in, 2002 (2) JCR 303 (Jhr.).
(3.) According to respondents, the proceeding under EC, Act has been initiated and notice was issued to the petitioner vide Annexure -B dated 8th July, 2001.;