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1987 Supreme(Pat) 39

S.B.SANYAL
Shyamlal Sah – Appellant
Versus
State Of Bihar – Respondent


Judgment

S. B. Sanyal, J.

1. This is an application for grant of anticipatory bail for an offence under the Bihar Trade Articles (Licences Unification) Order, 1984 . It has been alleged that food-stuffs were recovered from the house of the petitioner but he had no licence under the Bihar Trade Articles (Licences Unification) Order, 1984 to carry on trade and business. It is said that the place from where the food-stuffs were recovered is outside the municipal limit of a b class city or c class city. On the contrary, it is in a village. Therefore, one of the points, inter alia, is that no license is at all required to be taken for the stocks found from the petitioners house. It may be stated here that the petitioner has denied the stock as belonging to him. In short, the contention is that the food-stuffs were admittedly found in village Fulhara, which is not a city. As such, the stock limit prescribed in Government Notification no. G. S. R.49 dated 17th October, 1985 under Clause 3 of the Unification Order has no application. It is further contended that the said notification does not spell out a, b and c class cities. Therefore, there is effective definition with regard to wholesal












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