Mosafir Prasad Yadav vs The State of Bihar

Abhijit Sinha, J.—Heard Sri N.K. Agrawal, Senior Advocate, the learned counsel for the petitioner and Sri Jharkhandi Upadhyay, the learned A.P.P. for the State. The petitioner, a dealer under the Public Distribution System, has prayed for the quashing of the order dated 24.7.2007 passed by the learned Chief Judicial Magistrate, Gaya, whereby he has taken cognizance against the petitioner and others u/s 7 of the Essential Commodities Act (hereinafter referred to as "the E.C. Act").

The allegation against the petitioner as contained in the typed report submitted by the Block Supply Officer, Tankuppa, is that he committed irregularity in supply of foodgrains under the Government Schemes and had failed to produce books of account before the Inspecting Officer.

The law by now is well settled by a catena of decisions of this Court that by virtue of Clause 31(2) of the Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter referred to as "the Unification Order") the dealers under the Public Distribution System, being agents of the Government were exempted from prosecution.

The learned A.P.P. sought to oppose the submissions by referring to the Public Distribution System (Control) Order, 2001 which took away the protection granted to dealers under the Public Distribution System.

Unfortunately, the submissions of the learned A.P.P. have no legs to stand for the provisions were not made applicable in the State of Bihar till February, 2007 when the notification as provided for by Clause 10 thereof was made only in February, 2007 and the alleged inspection in the instant case was made in 2003 much prior to the coming into force of the Public Distribution System (Control) Order, 2007.

In view of the discussions made in the foregoing paragraphs, the prosecution of the petitioner would be a travesty of justice. Accordingly, the impugned order, so far as the petitioner is concerned, is quashed and the application is allowed.