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1998 Supreme(Pat) 36

B.P.SINGH, A.N.TRIVEDI
Narayan Prasad @ Narain Sao – Appellant
Versus
State of Bihar through its Secretary, Food, Civil Supplies & Commerce Department, Patna – Respondent


Advocates Appeared:
For the Petitioners: M/s Ramesh Kumar and Agarwal, Jitendra Kr. Sinha & Raj Kumar Bhargav.
For the Respondent: M/s. Krishna Murari and Ranjan Kumar Singh.

Order

The petitioners herein have prayed for the quashing of the seizure list, Annexure-2, and also for quashing of the confiscation proceeding started by the Collector-cum-district Magistrate. West Champaran, Bettiah, respondent No. 2 under Section 6-A of the Essential Commodities Act by issuance of notice dated 1.10.92, Annexure-3. They have also prayed for release of the seized goods.

2. The case of the petitioners is that they are petty traders and they deal in some of the trade articles covered by the Bihar Trade Articles (Licences Unification) Order, 1984. Their case, however, is that they are not required to take out a licence under the said Order because the trade articles stocked by them is less than the quantity prescribed under the aforesaid Order. Their case is that on 10.8.1992 they had made certain purchases of trade articles at Bagaha and were transporting the same on a tractor to the places where they carry on their business. While those trade articles were being carried in a tractor, the Assistant Sub-Inspector of Police, P.S. Ramnagar, respondent No. 3 stopped the tractor and seized the trade articles carried in the said tractor. He also seized the tractor which was





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