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2001 Supreme(Pat) 164

AFTAB ALAM
Krishna Kumar – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The petitioner held a retail licence under the Bihar Trade Articles (Licenses Unification Order), 1984 and a dealership under the Public Distribution System. He was made an accused in a criminal case in which allegations were that he committed irregularities in distribution of the foodgrains allotted to him. The trial ended in his acquittal. Nevertheless, the licensing authority cancelled his licence issued under the Unification Order. In appeal the order passed by the Licensing authority was affirmed.

2. Mr. Griyaghey, learned counsel for the petitioner submitted that under clause 11(1) of the Unification Order a licence could be cancelled only in case of conviction in a criminal case and therefore the (order) passed by the licensing authority and the appellate authority, cancelling his licence though he was acquitted in the criminal trial were illegal and unsustainable in law.

3. The submission made by Mr. Griyaghey is well founded so far as retail licence of the petitioner is concerned. The licence could not be cancelled in view of the fact that the trial of the petitioner had ended in his acquittal. The impugned orders, therefore, in so far as they relate to cancelli



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