- (1.) SAROJ Bala, J. The applicant by means of this application under Section 482 Cr. P. C. prays for the quashing of the proceedings of criminal case No. 38 of 1987, State v. Mahesh Chandra, under Section 3/7 of Essential Commodities Act pending in the Court of Special Judge (E. C. Act) Agra.
(2.) THE facts giving rise to this application in a nutshell are these : On 19-4-1985 the Marketing Inspector Kheragarh alongwith Naib- Tahasildar, Secretary Krishi Utpadan Mandi Samiti and Agricultural Marketing Inspector inspected the business premises of M/s. Jagdish Floor and Oil Mill situated at bypass road Kheragarh and found twelve drums of mustard oil weighing 21-34- 200, oil cake weighing 11-19-30 and mustard seeds weighing 58-90- 600 in stock. The business of selling oil seeds and oil was being carried out without licence in contravention of U. P. Oil Seeds Control Order, 1966 and Oil Seeds Products Control Order (hereinafter referred to as 1966 Order ). The applicant was challaned for the offence under Section 3/7 of Essential Commodities Act and case crime No. 50 of 1985 was registered. After investigation charge-sheet was submitted before the Court of Special Judge (E. C.) Act, Agra. The contention of the applicant is that he being a producer of mustard oil, he is not a retailer or a wholesaler. The applicant not being a wholesaler or retailer, he was not required to have licence under 1966 Order, and Price Display Order, 1977. The goods seized were released on furnishing security in compliance of the order of this Court dated 6-1-1987 passed in the writ petition. The provisions of 1966 Order are not applicable to the producer as held by this Court in the case of M/s. Hari Oil and General Mills and Ors. v. State of U. P. and Ors. , 1987 E. F. R. 211.
(3.) HEARD Shri N. K. Gupta, learned Counsel for the applicant, learned A. G. A. and have perused the record. The learned Counsel for the applicant argued that 1966 Order does not apply to a manufacturer or producer as such a producer is not required to take licence nor he can be prosecuted or convicted for contravention of the said Control Order.;