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2004 Supreme(Pat) 1009

Dilip Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner:- M/s N.K. Agrawal, B. K. Sinha, K.C.K. Sinha, D.N. Tiwari, T Sharma.
For the State :- Dr. Mayanand jha.

ORDER

In this miscellaneous application, prayer is for quashing the entire proceeding, including the order taking cognizance dated 6th August, 2001 for an offence under section 7 of the Essential Commodities Act (hereinafter referred to as "the Act") arising out of Gaya Kotwali P.S. Case No.3/2001, pending in the court of the S.D.J.M., Sadar, Gaya.

2. Bare perusal of the F.I.R., conld1f1ed in Annexure 1, shows that it has been lodged by the Supply Inspector, Sadar, Gaya as the dealer failed to produce any paper relating to purchase challan etc. and also the licence in connection with the items, referred to in the F.I.R. found in the godown.

3. Learned counsel for the petitioner contended that in view of the Government notification contained in G.S.A. 49 dated 17th October, 1985, which fixes the stock limits of the Trade Articles under clause 3 of the Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter referred to as 'the Unification Order'), pulses edible oilsees and edible oils are excluded for the purposes of said Order in the cities mentioned therein, including Gaya. Learned counsel submitted that since the present matter relates to the occurrence at Gaya, there ha

















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