M. Wahajuddin, J. - (1.) LIST revised. None appeared for the Applicants -
(2.) APPLICANTS have come forward with the allegation that the Government of India sent notice (Annexure "1") setting up contravention of Clause 4(1) of the Sugar Packing and Marking Orders, 1970. It is further, alleged that later the District Magistrate, Muzaffarnagar, filed complaints against Applicants under Section 3/7 of the Essential Commodities Act, 1955 for contravention of Clause 4(1) of the said Order as per Annexure "3". It was maintained that the contravention will be held under Section 3 of the Essential Commodities Act, only if at the time of delivery the sugar is found to be of sub -standard. It was maintained that the delivery stage had not arrived and the sugar is alleged to have been found as sub -standard at the stage when it was stored in the godown of the factory. It was, further, alleged what is punishable is non -compliance of Indian sugar standard grade at the time of delivery and not at any earlier stage. The prayer was that the complaint be quashed and the notice be also quashed.
(3.) I have gone through the applications and affidavits and also the Annexures, the counter -affidavits as well as rejoinder -affidavits. I have also heard the State Counsel. The crux of the matter is as to at what stage the application of Clause 4(1) of the aforesaid Order will be attracted. To put it more expressly whether it would be attracted only when the delivery is made and the sugar is found to be substandard or it will be attracted at any earlier stage also. I may quote the very Clause 4 in toto: 4. Marking on bags - -(1) Every producer shall at the time of packing mark on the bags in which the sugar is packed, its quality in terms of Indian sugar standards in force at that time and shall also ensure that the quality of sugar contained in the bag corresponds to the quality of sugar marked thereon until it is delivered by him. (2) Every bag of sugar shall bear on it, a label, the design of which is set out in the schedule annexed to the Order specifying the following matters, namely - (i) the quantitative contents of the bag; (ii) the quality of sugar contained therein; (iii) the year in which the sugar is manufactured and packed; (iv) process of manufacture - -Salphitation or Carbonation .;