Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36399 of 2008 Sanjay Prasad, son of Sri Manan Prasad, resident of Village-Chainpur Bazar, P.S. Siswan, District-Siwan. …………………………………………………….Petitioner. Versus The State Of Bihar……………………….Opposite Party. ---------------------------------- For the Petitioner: Mr. Ram Chandra Sahni, Advocate. For the State : Mr. Jharkhandi Upadhyay, A.P.P. -------------------------------- O R D E R 6. 17.1.2012. The petitioner has approached this Court under Section 482 of the Code of Criminal Procedure to quash the order dated 31.12.2005 passed by the Chief Judicial Magistrate, Siwan, in Siswan P.S. Case No.14 of 2005/Tr. No.1212 of 2008, taking cognizance of the offence under [STATUTE] against all the F.I.R. named accused including the petitioner. 2. In brief, the case is that on the instruction of the S.D.O., Siwan, the Block Supply Officer, Siswan, Siwan, alongwith other officials of Supply Department on 4.3.2005 made raid to check the black marking of blue 2 kerosene oil. In that course, the petitioner, Sanjay Prasad, was caught hold of red handed selling the blue kerosene oil illegally in black market at Chainpur Bazar. Two jerrycans, one of 40 liters, other of 10 liters, measuring instrument of 1/2 liters and 35 liters blue kerosene oil were seized and handed over to Sri Bharat Ram, a fair price shop dealer, on Jimmenama. Similarly, the accused, Motilal Prasad, was found selling blue kerosene oil illegally in black market at Chainpur Bazar. Kerosene oil and other articles were seized and handed over to him as the people present at the place of occurrence did not ready to take the same on jimmenama. Similarly, the accused, Badri Prasad was also found selling blue kerosene oil illegally in black market at Chainpur Bazar and kerosene oil, jerrycan and measuring instrument were seized and were handed over to Sri Narsing Rao of Ward No.4, Chainpur Bazar, a fair price shop dealer, on jimmenama. 3. On the basis of the report of the Block Supply Officer, Siswan, Siwan, as forwarded by the S.D.O., Siwan, Siswan P.S. Case No.14 of 2005 was instituted under [STATUTE] and Section 7 of the Essential Commodities Act. On investigation, the police 3 submitted the chargesheet in the court of the Chief Judicial Magistrate, Siwan, who, on perusal of the case diary and chargesheet, took the cognizance of the offence under [STATUTE] and Section 7 of the Essential Commodities Act against all the F.I.R. named accused including the petitioner through the impugned order dated 31.12.2005. 4. Learned counsel appearing on behalf of the petitioner made submission that the petitioner is not the licencee of fair price shop under the Public Distribution System, as such, the offence under Section 7 of the Essential Commodities Act would not be applicable against the petitioner and placed reliance on a decision of a Bench of this Court rendered in Mahanthi Yadav and another Vs. State of Bihar {2007(2) PLJR 289}. 5. On the other hand, learned A.P.P. for the State made submissions that as per clause 11(a) of notification G.S.R. No. 49 dated 17th of October, 1985, regarding limits of trade articles, even the domestic consumer cannot hold the stock of kerosene for domestic purpose exceeding to 20 liters. As such, Section 7 of the Essential Commodities Act would be applicable in the case of the petitioner as 35 liters 4 of kerosene oil and other articles have been recovered from his possession. 6. Section 7 of the Essential Commodities Act, 1955, relates to punishment to any person contravenes any order made under Section 3 of the Act. Through notification G.S.R. No.9 dated 17th October, 1985 issued in exercise of power under Section 3 of the Essential Commodities Act, 1955 read with the orders of Government of India, the State Government fixed the stock limit of the trade articles under Section 3 of Bihar Trade Articles (Licenses Unification) Order 1984. According to clause 11(a) of Storage Limit Notification G.S.R. 49 dated 17th October, 1985, domestic consumer of kerosene means a person who at any time holds stock of kerosene for domestic purpose not exceeding 20(twenty) liters. As such, holding the stock of 35 liters kerosene by the petitioner, which is more than 20 liters, will come under the purview of contravention of the notification G.S.R. 49 dated 17.10.1985, issued under Section 3 of the Essential Commodities Act by the State Government fixing the stock limit amending Section 3 of the Bihar Trade Articles (Licenses Unification) Order, 1984, is punishable under 5 Section 7 of the Essential Commodities Act. So far as the decision of a Bench of this Court in the case of Mahanthi Yadav (supra), as relied upon by the learned counsel for the petitioner, is concerned, the notification G.S.R. 49 dated 17.10.1985 amending Section 3 of the Bihar Trade Articles (Licenses Unification) Order, 1984, in respect to storage limit of articles, was not brought into the notice of that Bench and, as such, the same would not be applicable in the case of the petitioner. 7. Under the aforesaid facts and circumstances, I find no illegality in the impugned order dated 31.12.2005 passed by the Chief Judicial Magistrate, Siwan in Siswan P.S. Case No.14 of 2005/Tr. No.1212 of 2008 amounting to abuse of the process of the court. Accordingly, this application stands dismissed. P.S. (Rajendra Kumar Mishra, J)

Applicable IPC Section: 414

Statute Text:
Section 414 of the Indian Penal Code. Assisting in concealment or disposal of stolen property, knowing it to be stolen. Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.