M.M.Gupta, J. - (1.) This is an application moved u/s 482 Cr. P.C. for invoking the powers of this court for quashing the proceedings initiated by respondent No. 1 Collector Etah u/s 6B of the Essential Commodities Act. Applicant No. 1 Hari Shanker holds a license for dealing in oil seeds. He had purchased 435 tins of palm oil and rapseed oil from the Provincial Cooperative Federations Etah. Some of these tins were purchased from applicant No. 1 by applicant No. 2. All these quantities of oil seeds were interrupted by constable and the case for the contraventions of the provisions of Essential Commodities Act was registered against applicant No. 1. The seized seeds were produced before the collector for actions u/s 6A. The collector issued notice u/s 6B against applicant No. 1. Against issuing notice u/s 6B the applicants have come for quashing it by invoking the inherent powers of this court.
(2.) I have looked into the notice u/s 6B which is annexure 3 to the affidavit filed in this case. It mentions the contraventions of the concerned control order but does not mention any control order. The notice is, therefore, clearly vague and goes to the root of the matter. In such circumstances the proper course would be to quash this notice. It will however be open to the collector to issue fresh notice under section 6B by mentioning the appropriate control order which has been violated and under which he wants to take actions.
(3.) The application is therefore, allowed and the notice under section 6B Annexure 3 to the affidavit is hereby quashed. Application allowed.;