IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.673 of 2007 DAYA SHANKAR PRASAD RASTOGI Versus STATE OF BIHAR & ANR ----------- For the petitioner : Mr. N.K.Agrawal, Sr.Advocate M/s K.C.K.Sinha, D.N.Tiwari and B.K.Sinha For the State : Mr.Chandan Kumar Verma, JC to AAG 8 3 18.9.2008 In the instant writ petition the petitioner prays for quashing the entire criminal case pending in the court of the Chief Judicial Magistrate, Begusarai in Ballia P.S. Case No.172 of 2006, G.R.Case No.2366 of 2006 registered under sections 414 and 420 of the Penal Code. The aforesaid case was instituted on the fardbeyan of one Lalan Kumar Das, Sub Inspector of Police who made the seizure of edible oil in question. The prosecution case in short is that on 25.9.2006 at 4 P.M. a vehicle was found loaded with Nepali dalda and Mustard oil. On demand the driver failed to produce any paper. It is stated that the vehicle loaded with Nepali dalda and Mustard oil is being carried to Ballia Bazar for the petitioner. Learned counsel for the petitioner submits that he is the owner of the edible oil which was seized by the police. He further submits that earlier edible oil including imported edible oil was included in the schedule of the Bihar Trade Articles (Licenses Unification) Order, 1984. However, in the year 2002 all control including licensing provisions have been abolished throughout the - 2 - KHAN country for the trade of edible oil, Vanaspati, Mustard oil etc. in pursuance of the notification of the State Government as well as the Central Government. It is submitted that the seized oil in question is deregulated item and as such it will not hit by any of the licensing order including the Licensing Order of 2001. In a similar issue a bench of this court in the case of Ram Binod Sah Vs The State of Bihar & anr disposed of on 25.11.2005 vide Cr.W.J.C.No.386 of 2005, as contained in Annexure-4, after noticing the effect of the notification of the government deregulating in trade of oil etc, has observed that no case in such circumstances could be made out either under section 7 of the E.C.Act or under sections 419 and 420 of the Penal Code in absence of any substantive allegation of theft. In the circumstances, this court does not find that the accused persons has made any violation of the provisions of sections 419 and 420 of the Code and as such the continuance of criminal proceeding will amount to be an abuse of the process of the court. The prosecution emanating from First Information Report of Ballia P.S. Case No.172 of 2006 registered under sections 414 and 420 of the Penal Code as well as entire criminal proceeding of this case are hereby quashed. In the result, this writ application is allowed. (S.P.Singh,J) - 3 -