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1976 Supreme(Pat) 194

SHAMBHU PRASAD SINGH, BIRENDRA PRASAD SINHA
Ram Sharan Sao – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. G.C. Bharuka.
For the Respondents: Mr. S.N. Jha (S.C. II)

JUDGMENT

SHMBHU PRASAD SINGH, J.

1. The petitioner, proprietor of M/s Laxmijee Mills, which carries on business in foodgrains and is a licensee under the Bihar Foodgrains Dealer's Licensing Order 1967 (hereinafter referred to as 'the Order') issued under section 3 of the Essential Commodities Act, (hereinafter referred to as 'the Act') at Biharsharif in the district of Nalanda, has made this application under Articles 226 and 227 of the Constitution of India for quashing orders contained in annexure 2 and 6 of the Collector of district, respondent no. 3, confiscating 128 bags of maize, 6 bags of Masur Chhati and 6 bags of Masur in a proceeding under section 6A of the Act.

2. It appears that on 12th of August, 1975, at about 5 P.M. there was an inspection of the business premises of the petitioner by a Magistrate. He made the inspection under order of the Sub-divisional Officer, Biharsharif, on the basis of the information received from officers of the Commercial Taxes Department. He seized in presence of other Government officers who were present there the entire stock of foodgrains of the petitioner and submitted a written report to the Officer-in-charge Biharsharif, Police station


















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