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1967 Supreme(Pat) 97

S.C.MISRA, R.J.BAHADUR
Ratan Lal Sultania – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Messrs Balabhadra Prasad Singh, S.B. Sanyal, Choudhary S.N. Misra and Arun Kumar Sinha (Cr. Misc. No. 243 of 1967);
Braj Kishore Prasad II (Cr. Misc No. 355 and 356 of 1967);
Harilal Agarwal (Cr. Misc. No. 692 of 1907);
Nageshwar Prasad, B.K. Banerjee and S.N. Misra (Cr. Rev. No. 964 of 1967;
Radha Raman and Jageshwar Prasad Sinha (Cr. Rev. No. 1136 of 1967) for the petitioners;
Mr. Bajrang Sahay, Government Advocate for the State.

JUDGMENT

Misra J. –

1. This is a batch of six applications filed by the petitioners against their prosecution under Sections 7 and 9 of the Essential Commodities Act, 1955. The prosecution in all these cases has been started at the instance of public servants who visited the premises of the petitioners where they carried on business in various essential commodities and several irregularities were alleged to have been discovered in the maintenance of stock register etc., amounting to contravention of the conditions of the licences held by them. The reports submitted in all the cases by the public servants concerned relate to such irregularities and accordingly the Sub-divisional Magistrates to whom the reports were submitted have taken cognizance of the cases started against them under Sections 7 and 9 of the Essential Commodities Act (hereinafter referred to as the Act).

2. In Criminal Miscellaneous No. 243 of 1967, petitioner No. 1, Ratanlal Sultania, is proprietor of Shree Shyam Bhandar, Deoghar and is a wholesale dealer holding a licence under the Bihar Food-grains Dealers licensing Order, 1966, holder of another licence under the Bihar Edible Oil Wholesale Dealers Licensing Order,





























































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