H.C.P.Tripathi, J. - (1.) This is a reference by the learned Additional District Magistrate (Judicial), Agra, recommending that a criminal proceeding pending against the applicant in the court of the Magistrate first Class be quashed. On 27.3.1963 a charge-sheet was submitted against the applicant by Police Station Kotwali in the court of the City Magistrate, Agra, the relevant portion of which runs as follows: "Seva men nivedan hai ki Ta. 27.3.63 ko bavakt 2.25 baje din hasya adesh Sriman City Magistrate Sehab mujh S.I. ne va hamrahi Sri Bechan Singh Saheb Addl.C.O. City Agra va Sri H.P. Sethi A.P.P. Agra rubroo gavahaanjail India Drug House Puwara P.S. Kotwali Agra ki price list va stock list 1 February 1963 va 1 March 1963 ba maujudgi Sri S.G. Sarin uprokta check ki gai to muljim uprokta koi list pesh na kar saka........" On the basis of this charge-sheet, the learned Magistrate took cognizance of an offence under Rule 125(2) of the Defence of India Rules which is punishable under Sub-Clause (9)(a) of the same. A revision was filed by the applicant on which the learned Additional District Magistrate has made the present reference.
(2.) In exercise of the powers conferred by the sub-Rule (2) of Rule 125 of the Defence of India Rules, 1962, the Central Government has made an order No. G.S.R. 1764 called the Drugs (Display of Prices) Order, 1962, which inter alia, provides that, "Every retailer shall display at a conspicuous part of the premises where he carries on his business the price lists so supplied by the manufacturer, importer, distributor or wholesaler for consultation by the purchaser."
(3.) The applicant is admittedly a retailer and should have been supplied a list by the wholesaler within the meaning of the aforesaid Order.;