Debi Prasad Uniyal, J. - (1.)This reference has been made by the learned Civil and Sessions Judge, Bareilly recommending that the order of the Magistrate dated 16 -1 -1965 ordering the prosecution of the Applicant Under Sec. 7 of the Essential Commodities Act (Act X of 1955) for contravening the provisions of Clauses 5, 6, 10 and 13 of the Fertilizers (Control) Order, 1957 (hereinafter referred to as the Order) and Ss. 408, 409, 457, 477 -A and 411 read with Sec. 120 -B, IPC be quashed.
(2.)In exercise of powers Under Sec. 2(a)(xi) of the Essential Commodities Act the Government of India declared fertilisers as an essential commodity on 29 -3 -1957. Pursuant to Sec. 3 of the Act the Central Government promulgated an Order called the Fertiliser (Control) Order, 1957 to regulate the production, supply and distribution of the said commodity. This Order came into force with effect from the 15 -5 -1957. By Clause 5 it was declared that no person shall carry on business of selling fertilisers except under and in accordance with the terms and the conditions of the licence granted to him there -under. It is common ground that the UP Government appointed the 1st day of February 1959 as being the date from which the said Order was to take effect. And accordingly on 20 -2 -1959 a letter was issued by the Joint Secretary -cum -Director of Movements, Government of UP, to all station masters, booking clerks, traffic inspectors, etc. informing them that the Fertiliser (Control) Order had been enforced in UP with effect from 1 -2 -1959 and the carrying on of business in fertilisers was prohibited without holding a licence.
(3.)The UP Government authorised Cooperative Societies and their units in different districts to act as licensees for the distribution of fertilisers. Subsequently there were complaints that persons in charge of Co -operative Societies were disposing of fertilisers for their own personal gain and misusing the powers conferred on them. It was discovered that the officers of the Society had diverted the prohibited goods from oblique motive via Richha Road Railway Station for being booked to out -stations. It was alleged that the goods were got booked from that station through the agency of the accused Station Master who noted fictitious licences on the Railway Receipts issued by him.