P.N.BAKSHI, J. - (1.) AS common questions of law are involved in Criminal Revisions Nos. 1869 of 1973, 1487 of 1972 and Criminal Reference No. 426 of 1973, they have been ordered to be connected with Criminal Revision No. 1708 of 1973. I shall dispose them of by this common judgement.
(2.) APPLICANT Man Mohan is the General Manager and applicant G.K. Mathur is the Assistant Secretary of Messrs. Daurala Sugar Works, Daurala. They are being prosecuted for contravention of clause IV(1) of the Government of India, Ministry of Food and Agriculture. Community Development and Co -operation (Department of Food) New Delhi, Order No. G. S Rule 645/Ess. Com/Sugar dated 14th April 1970, known as the Sugar Packing and Marking Order 1970 punishable under Section 3/7 of the Essential Commodities Act, 1955. The case for the prosecution is that R.D. Sethi, Inspector of Directorate of Sugar and Vanaspati, Department of Food Government of India collected 12 samples of sugar from M/s. Daurala Sugar Works on 14th June, 1971, from the factory godown relating to the stocks of 1970 -71 production. Two of these samples were tested by the National Sugar Institute Kanpur on 7th January, 1971 out of which one sample was found inferior in grade than that which was marked on it by the factory. The marking was C -30 but the grade was C -29. A show cause notice was served on the factory. The explanation of the factory was not found to be satisfactory, hence a complaint was filed under Section 3/7 of the Essential Commodities Act. K.P. Agarwal Technical Advisor National Sugar Institute Kanpur and R.D. Sethi, Inspector Directorate of Sugar and Vanaspati were examined in support of the complainants case, K.P. Agarwal proved the report prepared by K. Joshi, who had analysed the sugar in question. The Magistrate found that a prima facie case had been made out against the accused as such he framed a charge against them which is the subject -matter of the dispute. A revision was filed before the Sessions Judge which was dismissed on 23rd August, 1973, hence the present revision.
(3.) APPLICANT B.L. Kapoor is the General Manager and D.P. Gupta is the Works Secretary of Mawana Sugar Works. On 28th November, 1970, R.D. Sethi Inspector aforesaid took ten samples of sugar from the factory godown of the above mentioned concern from the 1969 -70/1970 -71 seasons production. One of these samples was sent for testing to the National Sugar Institute, Kanpur, on 29.1.1971 and the analysis was conducted on 25.2.1971. The sample was found lower in grade than that marked by the factory. In response to a show cause notice an explanation was given by the factory which was not found to be satisfactory. Hence the applicants were prosecuted under Section 3/7 of the Essential Commodities Act. The report of the National Sugar Institute Kanpur disclosed that the sample was marked C -29 but the grade was C -28. The prosecution examined R.D. Sethi, Inspector and A.K. Gupta of the National Sugar Institute Kanpur, in support of the allegations in the complaint. A.K. Gupta proved the report of analysis prepared by K. Joshi. The Magistrate being satisfied that a prima facie case had been made out framed a charge against the accused. A revision was filed before the Sessions Judge Meerut which was dismissed on 22nd July, 1972. Hence this revision.;