S.K.PHAUJDAR, J. - (1.) HEARD .
(2.) PERUSED the U.P. amendment in Section 11 of the Essential Commodities Act, which requires report by the order of or under the authority of the District Magistrate or by such other officer as may be empowered by the State Government, for taking cognizance. It is stated that the District Magistrate was approached for a green signal to submit final report by the Investigating Officer. There is, however, on record the report of the APO who had opined that there were good grounds, on materials .in the case -diary, to prosecute the offenders under the E.G. Act and, ac ­cordingly, he had opined that the sanction of the District Magistrate for a charge -sheet be obtained. All these papers were placed before the District Magistrate and the impugned order dated 30 -5 -1998 was recorded. It appears that the District Magistrate was aware of the allegations and he had perused the records as also the opinion of the APO and he was of the view that the entries in the registers were not properly maintained and there was a viola ­tion of Section 4 of the Fertiliser Control Order, 1985, which was punishable under Sections 3/7, E.G. Act. Accordingly, he exercised his powers under Section 11 to direct prosecution to be launched. Although in the report of the S.O. there was recommendation for final report, the APO had opined otherwise. It is pointed out that as an earlier stage, the APO had dittoed the opinion of the S.O. In any view of the matter, when there has been a discussion by the District Magistrate on the allegations and after looking to the facts he came to a con ­clusion, it may not be stated that he had acted mechanically. The order dated 30 -5 -98 recorded by the District Magistrate may to be interfered with. This observation, however, is on the sanction only and the trial Court will be free to form his opinion regarding the commission of the offence.
(3.) WITH the above observation, the present application stands dismissed. Application dismissed,;