Shree Lal Saraf vs The State of Bihar

A.P. Sinha, J.—This application is for quashing of the cognizance dated 9.9.1981 taken by the Sub-Divisional Judicial Magistrate, Jhanjharpur, for the offence u/s 7of the Essential Commodities Act for having contravened the provisions of the Bihar Essential Articles (Display of Prices and stocks) Order, 1977 (hereinafter to be referred to as "the Display Order") and also the Bihar Motor Spirit and High Speed Diesel Oil Licensing Order, 1966 (hereinafter to be referred to as ''the Licensing Order''). The Learned Counsel has stated that absolutely there is no indication either in the prosecution report, or in the charge-sheet that sanction has been obtained by the prosecution in violation of the ''Display Order'' as contemplated under proviso (2) of section 6of the Display Order. In my opinion, it was incumbent upon the prosecution to state this fact. In the circumstances, the cognizance for the contravention of the Display Order has to be quashed.

Wish regard to the contravention of the Licensing Order, it appears that the prosecution has completely misapplied the law because on the basis of the amending order, the dealer was permitted to sell oil upto 200 litres without any permission of the Licensing Order and thus to say that the oil has been sold beyond 30 litres could not have the valid prosecution for the prosecution.

It further appears that when the cognizance is bad in law on account of non-obtaining of sanction, and when both the offences have been combined together the entire cognizance has also to be quashed. The order dated 9.9.1981 taking cognizance is hereby quashed.