IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20042 of 2002 OM PRAKASH GUPTA Versus THE STATE OF BIHAR ----------- 7. 19.8.2010. None appears on repeated calls. I have perused the FIR, the written report of Block Supply Officer, Bhagwanpur(Vaishali). It appears that on search of the business premises of the petitioner a huge quantity of vegetable oil contained in 392 containers and mustard oil contained in 72 containers were recovered from the business premises of the petitioner. On perusal of the G.S.R.No.17 of October, 1985, it appears that a storage limit has been fixed for edible oils and other articles which are covered by Bihar Trade Articles(Licenses Unification)Order, 1984 in respect to different classes of cities. Till date there is no notification of the Government of Bihar indicating as to which of the cities of Bihar has been classified under what categories of cities as indicated by the above noted GSR. Taking notice of the above defect in the whole scheme of the Bihar Trade Articles(Licenses Unification)Order, 1984 - 2 - prosecution of different traders were challenged before this court and they have been quashed as may appear from the orders passed by this Court in Cr.Misc.Petition Nos.2821 of 1994 and 1045 of 1988, 1045 of 1988 and the other 35792 of 2000. In the light of the earlier decisions of this Court and in the light of the deficiency regarding notification on classification of cities the storage limit cannot be applied to the seized articles. In the result, this petition succeeds. The prosecution initiated through order dated 25.2.2002/1.3.2002 passed in Sarai P.S.Case No.77 of 2000 by the C.J.M., Vaishali at Hajipur is hereby quashed. The petition is allowed. Let the L.C.R. be send back to the concerned court immediately. B.Kr. ( Dharnidhar Jha, J. )