Janki Prasad Gupta vs The State of Bihar

S.K. Katriar, J.—This is an application on behalf of the sole petitioner u/s 482 of the Code of Criminal Procedure, 1973 challenging the order of cognizance dated 8.12.1992 passed by the learned special Judge, E.C. Act, Patna in Special Case No. 45 of 1984, whereby the cognizance has been taken of the alleged offences u/s 7 of the Essential Commodities Act read with clauses 3 and 7 of the Bihar Essential Articles (Display of Prices and Stocks) Order, 1977 and Condition Nos. 3 and 4 of the Licence of the Bihar Foodgrains Licences Order, 1967 and the petitioner has been summoned to stand his trial. One Thakur Shiv Sagar Singh, Assistant Marketing Officer, Supply department, Patna, lodged a First Information Report with the Malsalami Police Station which was registered at Malsalami P.S. Case No. 062/84 dated 5.4.1984 a copy of which is annexed as Annexure-1 to the quashing petition. He had conducted inspection of the business premises of the petitioner on 5.4.1984 at about 12 noon which situate in Mohalla Mansoorganj, Patna City, Patna. According to the allegations levelled therein, at the time of inspection, the Display Board showing uptodate stock position, was not displayed. The second allegation is that the petitioner failed to produce the stock register. It has also been alleged that the petitioner is carrying on his business in Mohalla Mansoorganj Patna City which is unauthorised and he should have been carrying on his business in the principal marked yard. On these allegations, the learned Special Judge was pleased to pass the impugned order of cognizance.

It is relevant to state that the petitioner was taken into custody on 5.4.1984 and was released on bail by order dated 20.4.1984 passed in Cr. Misc. No. 377 of 1984. He had thus remained in custody for atleast sixteen days.

While assailing the validity of the impugned order and continuance of the proceedings any further, learned counsel for the petitioner submitted that it is incorrect to state that the petitioner was carrying on his business at an unauthorised place. He has taken me through the licences which are marked as Annexure-1 and 2 to the quashing petition. It is manifest from a plain reading of the same that Mansoorganj, Patna City is the allotted place of business. In the circumstances he is right in his submission that he resides in that mohalla and is his place of business. Learned counsel for the petitioner is equally right in his submission that the substantive offences like sale of adulterated food items or sale in black marketing is fundamentally different from such technical offences like non-production of registers or non-display of the Board etc. He is right in placing reliance on the judgment of the Supreme Court report in N. Nagendra Rao and Co. Vs. State of Andhra Pradesh, which is to the same effect.

Learned counsel is equally right in his submission that a meagre quantity of 32 quintals was found in all, as the total quantity in the business premises. He is further right in his submission that he has been sufficiently punished for the alleged offences. It is manifest from a plain reading of the order dated 20.4.1984 passed in Cr. Misc. No. 377 of 1984 that he was in custody for at least sixteen days.

Learned counsel is further right in his submission that this being a old matter getting back to April, 1984, should not be allowed to continue any further for various reasons including the present age of the petitioner. He was 60 years on the date of the occurrence. In the result, this quashing petition is allowed, the impugned order of cognizance dated 8.12.1992 passed in Special Case No. 45 of 1984 by the Special Judge, E.C. Act, Patna, is hereby quashed.