@JUDGMENTTAG-ORDER
Prashant Kumar, J.@mdashThis application is directed against the order dated 3.4.2000 passed by Special Judge, Essential Commodities Act,
Dhanbad in G.R. No. 88/99, whereby he took cognizance against the petitioners u/s 7 of the Essential Commodities Act. It is alleged that
petitioners contravened and violated the provisions of Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter referred as Unification
Order).
2. Mr. Mukesh Kumar Sinha, learned counsel appearing for the petitioners, submits that petitioners are not the licensee, therefore, they cannot be
prosecuted under the Essential Commodities Act. Accordingly, it is submitted that order of cognizance so far these petitioners are concerned are
liable to be set aside.
3. Having heard the submissions, I have gone through the records of the case.
4. From perusal of F.I.R., it appears that though co-accused Sohrai Ram is the licensee but on verification, it was found that petitioners were
running the business of Katras Gas Service as its Proprietor. It is alleged in the F.I.R. that co-accused Sohrai Ram is an employee of aforesaid Gas
Agency and he was getting salary of Rs. 2,000/- per month. It is further alleged that no stock register maintained in the said Gas Agency. It is not
out of place to mention that one of the condition enumerated in the license is that the proprietor must maintain a stock register. It is also alleged that
petitioners were supplying less quantity of gas with a view to fetch more money. Under the said circumstance, I find that the learned court below
rightly concluded that petitioners contravened the provisions of Unification Order.
5. In view of the discussions made above, I find no merit in this application, which is, accordingly, dismissed. It is made clear that above finding
given in this case will not prejudice petitioners in his defence during trial.
