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2021 Supreme(Pat) 227

AHSANUDDIN AMANULLAH
Rajiv Kumar Pal – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Preety Kunwar, Advocate, Jagdhar Prasad, Advocate

JUDGMENT

Ahsanuddin Amanullah, J. - The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of motion slip filed by learned counsel for the petitioner on 15.06.2021, which was allowed.

3. Heard Ms. Preety Kunwar, learned counsel for the petitioner and Mr. Jagdhar Prasad, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioner apprehends arrest in connection with Lakhisarai (Kabaiya) PS Case No. 345 of 2020 dated 03.07.2020, instituted under Section 7 of the Essential Commodities Act, 1955.

5. The allegation against the petitioner is that 8 quintals of Arwa rice which was seized from one Sanjeev Kumar is said to have been lifted from the house of the petitioner and it is alleged that it was meant for black marketing.

6. Learned counsel for the petitioner submitted that besides there being no legal impediment with dealing in foodgrains as per the Removal of (Licensing Requirements, Stock Limits and Movement Restrictions) on Specified Foodstuffs Order, 2002, contained in G.S.R. 104(E) dated 15th February, 2002 and published in the Gazette of India, Extraordinary, Part II dated 15th February

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