JIWAN LAL AGARWAL RAMJI RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioners have come to this Court under Section 482, Cr. P. C. against the order, dated 9/4/1983 passed by the learned Special Judge, Dhanbad. Taking cognizance of the offence under Section 7, E. C. Act and Section 414,I. P. C. against him.

(2.) It appears that a first information report was lodged by a Sub-Inspector of Police, Jharia, that on 2/1/1982 at about 5.40 p. m. he got some information that at Bus-stand No. 4 petitioner No. 1, Jiwanlal Agarwal had brought 18 tins of rape-seed refined oil and was searching for customer. On getting this information he made an entry in the station diary and went to the bus-stand and he seized the said oil of the petitioners in presence of the witnesses. On enquiry no papers could be produced, petitioner Nos. 1 and 2 are father and son. The information after investigation submitted charge-sheet against the petitioners.

(3.) Learned Counsel for the petitioners has submitted that 18 tins of rape- seed oil that have been recovered from the possession of the petitioners do not weigh five quintals. Each tin contains about 16 Kgs. and if 18 tins are taken together it will come about two quintal 88 Kgs. and so under clause 3 of the Bihar Edible Oil Dealers Licensing Order, 1966, as well as Pulses, Edible Oil-seed and Edible Oils Storage Control Order, 1977 (Central Order), the petitioners are not liable for a licence and so no offence is made out for the reason that there is no allegation that the said articles were stolen.