- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of a learned Single Judge of the Guwahati High Court upholding the conviction of the appellants for offence punish able under Section 7(l)(a)(i) of the Essential Commodities Act. 1955 ( in short the "Act'). The allegation was that the appellant had violated Clause 3 of the Lubricating Oils and Greases (Processing, Supply & Distribution Regulation) Order, 1987 (in short the 'Control Order'). Simple imprisonment of one month and fine of Rs.3,000/- each with default stipulation was awarded to the accused persons.
(3.) The prosecution against the accused-appellants was initiated on the basis of an offence report submitted by Sir Dhiraj Choudhury, Inspector of Food and Civil Supplies, Assam. Guwahati PW 3 alleging inter-alia that on 1-10-1996 he along with two other Inspectors of Food and Civil Supplies Department visited the processing industry of lubricating oil belonging to the appellant No. 2, situated near Lankeswar. Jalukbari, Guwahati and on such inspection, it was found that the concern did not possess necessary license as required under the Control Order and also proper books of account etc. as required under the law were not produced. The inspecting team found that no license could be produced for the processing unit and thereby violated Clause 3 of the Control Order. The accused had failed to obtain proper license as required under law within 6 months of commencement of processing and thereby has violated Clause, 5(5) of the Control Order. The inspecting team collected and sent the samples of' lubricating oil for necessary analysis to the approved laboratory. After such analysis, it was found that the said lubricating oil could not be considered as Automotive Lubricating Oil, thereby violating Clause 4 ,of the Control Order attracting punishment for sale of adulterated lubricating oil. The team seized from the appellants re-refined lubricating oil in 380 sealed tins of 1 litre each, 1,210 litres in 6 barrels containing 205 litres each, 19,475 litres of used lubricating oil in 95 barrels containing 205 litres in each, 20 kgs. of grease in one loose barrel, 920 numbers of empty tins of I litre capacity for TOPOL 20 W/40, one book of accounts, an extract copy of the Display Board of Stock and Prices displayed in the office premises, 3 litres of TOPOL, 20 W/46 contained in 3 sealed tins. The inspector having found prima facie violation of Clauses 3, 4 and 5(5) of the Control Order punishable under Section 7 of the Act, submitted the offence report against the appellants in the Court of the learned Sessions Judge. Kamrup for necessary prosecution under the law. The accused-appellant No. 1 is the concern itself and the accused No. 2 is the Proprietor of the concern and accused No. 3 is an employee of the concern. On the basis of the aforesaid, offence report. Spl. Case No.5 of 97 was registered in the Court of the learned Sessions Judge, Guwahati:;