HARIBANS CHAUDHARY AND C.F. RODRIQUE Vs. THE STATE OF BIHAR AND THE SECRETARY

JUDGEMENT

(1.) The petitioners have challenged the order dated 5.6.1982 by which cognizance has been taken against the petitioners under Sec. 48 of the Bihar Agricultural Produce Markets Act, 1960 (hereinafter to be referred to as 'the Act') and also the subsequent order dated 21.8.1982 by which the petitioners prayer for representation under Sec. 205 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as 'the Code') has been allowed, but at the same time the prayer for quashing of the cognizance by the transferee court has been refused. Accordingly, a prayer has been made for quashing of the aforesaid two orders; one by which cognizance has been taken and another by which the trial court has refused to quash the cognizance. The case has been initiated on the basis of a complaint petition which is Annexure -1 to this petition. The complainant is the Secretary Agricultural Produce Market Committee, Bettiah. The accused persons named are the two petitioners, who have been stated to be the General Manager and the Cane Superintendent of Messrs Champaran Sugar Works, Chanpatia, situated in the West Champaran. The period involved is 1981 -82. The contravention alleged is of rule 98(1) of the Bihar Agricultural Produce Markets Rules, 1975 (hereinafter to be referred to as 'the Rule's) which has been framed under the Act and the penal provision is Sec. 48 of the Act.

(2.) Further, according to the statements made, Jogapatti Anchal is included within the area of Bettiah Market Committee. Under the Act several Market Committees have been created having specific area for their functioning. The two petitioners have been described as the principal Officers responsible for purchasing of sugar cane on behalf of the aforesaid mill. It has been stated that the mill has got different weighment centres at various places for purchase of sugar cane, and the purchase centres are managed by the two petitioners. Messrs Champaran Sugar Works, Chanpatia has got a weighment centre at village Chamainia within the area of Jogapatti Anchal, where sugar care is purchased by the aforesaid mill. Thus, the purchases are made within the area of Bettiah Market Committee. Sugar Mill has been stated to be a "trader" and that being so, it was legally bound to take licence for carrying on business in sugar cane which is an agricultural produce and failure to take out a licence is an offence punishable under Sec. 48 of the Act. Bettiah Market Committee had requested the accused persons for taking licence as required under rule 98(1) of the Rules several times, but the accused persons have deliberately failed to take the same.

(3.) Market Committee, Bettiah had adopted a illegible text mention sic had authorised for filing of the complaint.