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2011 Supreme(Jhk) 1094

R.K.MERATHIA, P.P.BHATT
Bajrang Lal Agarwal – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Appellant :Mr. Shankar Lal Agrawal, Advocate
For the Respondent: M/s. Rajesh Kumar, G. P. V

ORDER

This writ petition has been filed for declaring that no license is required by a producer (oil miller) under the provisions of Bihar Trade Articles (Licenses Unification) Order, 1984 ('Licencing Order' for short) and for quashing the entire criminal prosecution being Gamharia P. S. Case No. 67 of 1992 dated 11.11.1992 (G. R. Case No. 33 of 1992) registered under Section 7 of the Essential Commodities Act, including the order dated 12.08.1994 passed by Special Judge (E. C. Act), Chaibasa rejecting the prayer of the petitioners for their discharge.

2. The facts in short:

The petitioner no. 1 and 2 are the partners and petitioner no. 3 is the 'Munim' of the firm M/s. Shree Gopal Oil Mills, which is carrying on business of milling and manufacturing edible oils. The said firm purchases mustard oil seeds for the purposes of processing and sells the product i.e. oil to the wholesellers or though a commission agents or to bulk consumers directly.

3. On 11.1.1992, the factory of the said firm was raided by the Officials of the supply department. An F.I.R. was lodged inter-alia alleging that there was shortage of mustard oil tins vis-a-vis the actual stock/ the stock register/ challans/






























































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