- (1.) PALOK Basu, J. M/s. Chittarmal Oil Co. is a licensee under the provisions of U. P. Kerosene Control Order, 1962, having been appointed as the wholeseller by producers of kerosene. The applicant No. 2 Chitarmal appears to be the sole propeietor of the firm aforesaid. The applicant No. 3 Sri Nath and applicant No. 4 Girraj are workers of the said firm while applicant No. 5 is said to be a transporter of Kerosene.
(2.) SOME complaints were allegedly lodged against applicant No. 2 with the allegation that he was selling kerosene oil in black market. The matter was ultimately entrusted to one Sri K. P. Gupta, Sub-Inspector of Police attached to Enforcement Branch. The said Sri Gupta completed the investigation and lodged a first information report with the police of Goverdhan, district Mathura, against the five applicants for proceeding under Sections 467, 468, 471 and 120-B I. P. C. and Section 3/7 of the Essential Commodities Act for alleged contravention of various clauses of U. P. Kerosene Control Order. After register ing the case the and Police Officer completed the formalities whereafter a charge sheet was filed. By two separate orders dated 15. 1. 89 and 21. 10. 81 the District Magistrate, Mathura, granted sanction to prosecute the applicants. When the trial began in the Magistrate's Court (as per the then law), an application was moved on behalf of the applicants claiming discharge. By a detailed order dated 3. 12. 82 the Magistrate rejected the said prayer. Consequently the applicants have filed the present petition under Section 482 Cr. P. C. praying that the proceedings against all the five applicants be quashed. The learned Counsel for the applicants have raised two points for consideration. The first point argued was that the prosecution against the applicants was not proper because the cognizance of the offence had been taken prior to the granting of sanction. The Magistrate has recorded a categorial finding that the sanction was granted on 15. 1. 81 criminal action because the receipient of the goods dispatched at one point of time had accepted the truth of the said transaction, tried to argue that since there were allegations of some forged signatures on the register having been made by Sri Girraj and Bhagwan Das, they cannot be given the benefit of absence of knowledge at this stage. The argument of absence of knowledge for any other reason benefit of absence of knowledge for any other reason except that the retailers had at one point of time allegedly admitted the truthfullness of the transaction. A forged transaction between a whole-seller and the retailer will not be presumed to be known to anyone else so long its proper payment is asked to be recorded, its dispatch is properly made and all documents are asked by the whole-seller to be prepared in accordance with law. It goes without saying that if during trial sufficient evidence emerges, the hands of the trial Court are long enough to bring to book all thase who are guilty including Srinath, Girraj and Bhagwan Das. 8. In view of the aforesaid discussion this application is partly allowed. The petition under Section 482 Cr. P. C. filed by M/s. Chitarmal Oil Co. , Goverdhan, Mathura and Chitarmal son of Jagan Prasad Agarwal is dismissed. The petition under Section 482 Cr. P. C. insofar as it relates to Sri Nath son of Jagannath Prasad Agarwal, Girraj son of Panni Lal and Bhagwan Das son of Bhajan Lal, it stands allowed and proceedings against them in Case No. 849 of 1982 pending in the Court of Additional Munsif Magistrate, Mathura, under Section 3/7 of the Essential Commodities Act read with U. P. Kerosene Control Order 1962 and Sections 467,468,471 and 120-B I. P. C. are quashed. Interim order dated 18. 2. 83 is vactated. Appeal partly allowed. .;