The cognizance of a case after the repeal of the relevant enactment is illegal, and a person cannot be convicted under a repealed enactment.

Bimalendu Narayan Sinha, J.

1. These two revision applications arise out of a common judgment and order dated 29th of May, 1985 passed by the 7th Additional Sessions Judge, Rohtas at Sasaram in Criminal Appeal No. 91 of 1985 (88 of 1985) confirming the conviction and sentence of these petitioners under Section 7 of the Essential Commodity Act (hereinafter to be referred to as the Act) passed by the Sub-Divisional Magistrate, Bhabhua in G. R. Case No. 567 of 1973, Tr. No. 1079 of 1984 by which these two petitioners have been sentenced to undergo rigorous imprisonment for three years each. As these two applications arise out of a common judgment, they have been heard together and are being disposed of by a common judgment,

2. The petitioner Anant Ram Agrawal admittedly was a whole-sale dealer in foodgrain on the alleged date of occurrence under licence No. 66 of 1971 issued under Bihar Foodgrains Dealers Licensing Order, 1967 (hereinafter to be referred to as the Licensing Order, 1967). The Government of Bihar issued Bihar Wheat Monopoly Purchase-cum-Levy Procurement Order, 1973 (hereinafter to be referred to as the Order, 1973) and by Clause 4 (a) of that Order, the Government itself assumed the trade of wholesale dealer in wheat and to that extent the provisions of the licensing Order, 1967 was modified and no person other than the Government and the Government Agents was to act as a wholesale dealer in respect of wheat. On the 7th and 8th of August, 1983 Sri (sic). Kuzur, A. D. S. O., Bhabhua alongwith Sri G. P. Sharma (PW 1), Deputy Magistrate, Bhabhua and the Officer-in-charge, Bhabhua Police Station inspected the business premises of the accused petitioners and he recovered 145 bags of wheat weighing about 190 quintals and 50 kg. in presence of Ramlal Singh (P. W. 3) and one Rajeshwar Prasad Dwivedi (not examined) and prepared a seizure-list (Ext. 4) as it was found that he has violated the provisions of Licensing Order, 1967, These seized bags were left in the custody of this accused petitioner on obtaining a proper receipt from him and Sri T. Kuzur submitted prosecution report (Ext. 2) against this petitioner to the Sub-divisional Officer, Bhabhua who referred the same to the Police for institution of a case against this petitioner.

3. A formal first information report (Ext. 3) was drawn on the basis of the prosecution report (Ext. 2) at Bhabhua Police Station and the investigation proceeded.

4. During the course of investigation, the accused petitioner Nagarmal Agrawal filed application before the Sub-divisional Magistrate, Bhabhua for the release of those bags of wheat on the ground that he had purchased those bags from Byapar Mandal Sahyog Samiti, Chenari situated in the district of Rohtas in auction sale and kept the same in the premises of the accused petitioner for the purpose of cleaning the impurity thereof so as to use it as cattle feed.

5. The Police, after completing investigation, submitted charge-sheet against both the accused petitioners on the basis of which cognizance of the case was taken against these accused petitioners and thereafter the trial proceeded.

6. At the trial charge under Section 7 of the Act was framed against the accused-petitioner Anant Ram Agrawal and under Section 8 of the Act against accused-petitioner Nagarmal Agrawal.

7. The accused pleaded not guilty to the charge and claimed to be tried. The accused did not deny the recovery of those bags of wheat from the business premises of the accused-petitioner Anant Ram Agrawal. Their defence was that those bags belong to the accused-petitioner Nagaraal & Nagarmal Agrawal and they contained rotten wheat not fit for human consumption which had been purchased by the accused petitioner Nagarmal Agrawal in auction sale at Chenari for cattle feed.

8. The prosecution examined altogether 4 witnesses to prove its case. P. W. 1 G P. Sharma had accompanied the raiding party at the time of inspection of the business premises of accused-petition