- (1.) THIS criminal revision, under Sections 397 and 401, Cr PC, is directed against the order dated 16.1.2003 passed in Giridih (Town) P.S. Case No. 70/2001, G.R. No. 4/2001 rejecting the prayer of the petitioner for his discharge from an offence under Section .7 of the Essential Commodities Act.
(2.) THE fact of the case lie in a narrow compass. Sri Kamal Kishore Prasad, Supply Inspector, Giridh (Town), lodged an FIR against the petitioner on 23.3.2001 at 4 p.m. to the effect that hake alongwith other officials including SDO, Giridh, inspected the shop premises of the petitioner situated at Rajagarhiya Mohalla Road, Pachambha and in course of inspection 8 quintals 68 Kgs. 210 grams of mustard oil of different brands and in 15 kgs tins and packets and further 5 quintals 38 kgs 309 grams, of Nepali made vanaspati were found. The petitioner did not have the valid licence for storing the same. The petitioner was charged with violating the provisions of Section 3 of the Bihar Trade Articles (Licences Unification) order, 1984 made under Section 3 of the Essential Commodities Act, 1955. Articles were seized and seizure list was prepared and the same was handed - over.to the wife of the petitioner. A case under Section 7 of the E.C. Act, bearing Giridth (Town) P.S. Case No. 70/2001, was registered and charge -sheet in the case was submitted and learned C.J.M. cognizance by and order dated 24.9.2001 under Section 7 of the E.C. Act against the petitioner.
(3.) THE petitioner filed a petition under Section 258, Cr PC for his discharge on the ground that provision of Unification Order relating to edible oil including Vanaspati is not workable as the erstwhile State has not classified the cities as B, class city and C class city and, therefore, this provision is not applicable. After hearing the parties, the learned SDJM, by his order dated 16.1.2003, rejected the prayer of the petitioner for his discharge.;