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2007 Supreme(Pat) 1232

SAMARENDRA PRATAP SINGH
Ramanand Prasad – Appellant
Versus
State – Respondent


Judgment

1. Heard the parties.

2. The petitioner apprehends his arrest in a case u/s. 7 of the Essential Commodities Act.

3. The prosecution case in short is that the Block Supply Officer, Akbarpur, the authorised officer under Cl. 30 of the Bihar Trade Articles (Licenses Unification) Order, 1984 along with the Sub Divisional Officer, Rajauli raided the shop of one Bhuttu Ansari at Nemadraganj Bazar and 840 liters of Blue kerosene oil was recovered contained in drums on which name of the petitioner along with his license number and one another had been inscribed. It is alleged that the petitioner who is a PDS dealer had stored blue kerosene oil in the shop of Bhuttu Ansari for blackmarketing as latter has no license for dealing in blue kerosene oil.

4. It is submitted on behalf of the petitioner that he is a licensed dealer under Public Distribution System and his shop is at some distance from the shop of said Bhuttu Ansari. It is further submitted that the petitioner had been allotted 1000 liters kerosene oil on 14.7.2006 which he had distributed to the respective card holders and this fact has been certified by the Mukhia and Ward Member of the Gram Panchayat. Learned counsel furt























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