- (1.) IN this application, petitioners have prayed for quashing the order dated 25.08.1989 passed by learned Special Judge, E.C. Act, Giridih, whereby and whereunder he took cognizance of the offence under Section 7 of the E.C. Act.
(2.) IT is alleged in the First Information Report that on inspection of petitioners' house on 25.04.1989 inspecting party had found 125 bags of rice (100 Quintals) kept in their residence for the purpose of blackmarketing. It is then alleged that on query petitioners did not give any explanation regarding the said rice nor they furnish any paper for the same. It is also alleged that at that time, petitioners have been allotted a shop in market yard, but they had not shifted in that shop and were using to sell rice in black market from their own house. It further appears that police officer, after completing investigation, submitted charge -sheet on 16.04.1989 and thereafter, on 25.08.1989 impugned order has been passed. It is submitted by Sri P. D. Agrawal, learned counsel for the petitioners that at the relevant time for dealing in rice no license required under the Unification Order. It is submitted that earlier vide notification No. GSR -49 dated 17.10.1985 stock limit prescribed for the wholesale dealers as well as for retail dealers, but the same has been omitted vide notification no. GSR 57 dated 10.11.1986. It is submitted that later on vide notification no. GSR 42 dated 21.11.1987 again stock limit prescribed. It is submitted that said notification has been challenged in Aditya Flour Mills (P) Ltd. and Others V/s. The State of Bihar, reported in 1990(2) PLJR, 143. It is submitted that in that case Hon'ble Patna High Court ( Ranchi Bench) quashed the aforesaid notification dated 21st November, 1987 on the ground that before issuing the same concurrence of Central Government had not been obtained. It is relevant to mention that again in Shibshankar Sah V/s. The State of Bihar reported in 1996(2) East Cr C 758 (Pat), a Division Bench of Hon'ble Patna High Court after following the aforesaid judgment come to the conclusion that as notification No. GSR 42 dated 21.11.1987 was declared ultra vires, the notification No. GSR 57 dated 10.11.1986 was holding the filed whereby no license required for carrying the business of rice and wheat. It appears that subsequently on 23.08.1990 vide notification No. GSR 13 dated 23.08.1990 the storage limit for keeping wheat or rice had been restored. It is submitted that thus there is no contravention of any control order on the date of inspection, hence, no offence under Section 7 of the E. C. Act is made out.
(3.) LEARNED APP, after going through the aforesaid judgments and notifications, had not controverted the aforesaid submissions.;