IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11758 of 2009 ======================================================== === Bishwanath Rai, Son of Gopi Ballabh Rai, Resident of Gujrat Co-operative Milk, Marketing Food Ltd. 143D, S.K. Puri, P.S.-S.K. puri, District-Patna .... .... Petitioner/s Versus 1.State Of Bihar 2. Mr. G. P. Sharma, Executive Magistrate, Patna. .... .... Opposite Party/s ======================================================== === CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) For the petitioner: Mr. N.K. Agrawal, Sr. Advocate Mr. D. N. Tiwary, Advocate Mr. Anujit Sinha, Advocate For the State: Mr. Jagdhar Prasad J U D G M E N T Hemant Kumar Srivastava,J. Heard Mr. N.K. Agarwal appearing for the petitioner as well as learned Additional Public Prosecutor for the State. This petition has been filed for quashing the order dated 14-11-2005 passed by Sub Divisional Judicial Magistrate, Patna in Special Case No. 30 of 1998 arising out of Gardanibagh P.S. Case No. 514 of 1998 whereby and whereunder, the learned Sub Divisional Judicial Magistrate, Patna took cognizance for the offence under Section-7 of Essential Commodities Act against the petitioner and two others. The brief facts which led to file this quashing Patna High Court Cr.Misc. No.11758 of 2009 dt.29-09-2011 2 petition is that on 29-08-1994 the Executive Magistrate, Patna reported the officer-in-charge, Gardanibagh police station to this effect that having got confidential information, he raided the premises of M/s Durga Agency, Proprietor Trilok Chand Agrawal, C & F agent of m/s Gujrat Co-operative Marketing Federation Ltd and in course of raid, he found that the display board was not properly displayed and when he as well as other officials demanded the documents relating to edible oil kept in the aforesaid godown, the petitioner being the godown in-charge and other accused could not produce any document in respect of the edible oil and subsequently, he reported that the edible oil had been kept in the aforesaid godown in unhygienic condition and accordingly, the petitioner and other accused violated the control order of Bihar Trade Articles (Licenses Unification) Order, 1984 as well as Bihar Essential Articles (Display of Prices & Stock) Order, 1997. The contention of learned counsel for the petitioner is that having similar allegation co-accused, Ajay Agrawal and Trilok Chand Agrawal had filed Cr. Misc. No. 51975 of 2007 which was allowed by another bench of this court vide order dated 04-02-2008 and the entire prosecution of aforesaid co-accused in Gardanibagh P.S. Case No. 514 of 1998 was quashed. It is contended by him that since no classification of Patna High Court Cr.Misc. No.11758 of 2009 dt.29-09-2011 3 cities has been made by state government in view of provisions of Bihar Trade Articles (Licenses Unification) Order, 1984, the aforesaid Bihar Trade Articles (Licenses Unification) Order, 1984 is not workable and therefore, the petitioner and other accused were not bound to produce the documents before the informant and other officials and hence they have not violated any order. Considering the aforesaid submissions of the parties as well as facts and circumstances of the case, particularly keeping in mind the observations made by this court in order dated 04-02-2008 passed in Cr. Misc. No. 51975 of 2007, I think it proper to quash the prosecution of the petitioner in Gardanibagh P.S. Case No. 514 of 1998 and accordingly, the order dated 14-11- 2005 by which the cognizance against the petitioner has been taken by Sub Divisional Judicial Magistrate, Patna in Special Case No. 30 of 1998 is, hereby, quashed. Dated/Patna High Court, the 29th day of September, 2011 NAFR/AKV/- ( Hemant Kumar Srivastava,J.)