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2000 Supreme(Pat) 305

P.K.DEB
Sita Ram Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This petition under Section 482 of the Code of Criminal Procedure has been preferred by the above-named petitioner for quashing the entire criminal proceeding under Section 7 of the Essential Commodities Act for alleged violation of Fertiliser Control Order, 1985 as passed by learned Special Judge, E.C. Act, Begusarai in G.R. case no. 3129 of 1993 (Mufassil P.S. case no. 308 of 1993) including the order taking cognizance of the offence and issuance of processes against the petitioner.

2. The present prosecution against the petitioner has been initiated for violation of provisions of -Fertiliser Control Order, 1985 for an occurrence which took place on 14th December, 1993. The only contention of the petitioner is that the provisions of Fertiliser Control Order on the date of the occurrence was not applicable and workable as there was no notification of the State Government in the official gazette appointing registering authority under Clause-26 and the prescribing licence fee as required under Clause 36 of the Fertiliser Control Order. Various orders of this Court have been annexed with the petition on the ground that on this sole proposition various criminal cases for vi


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