K.M.Ganguli, J. - (1.) This appeal is preferred against the judgment and order passed by a learned Single Judge in Matter No. 1212 of 1986 allowing, the writ petition of the principal respondents in the instant appeal and quashing the first information report being No. 597 dated July 15, 1986 and the proceedings initiated thereon. The appellant authority was also directed to return the seized material, if any, till then lying in the appellant's custody. There was also an order of permanent injunction restraining the present appellant authority from interferring with storage of non-levy cement in the godowns of the writ petitioners or taking any further step in terms of the West Bengal Licencing of Dealers of Cement and Distribution of Levy Cement Order, 1982, hereinafter referred to as the State Control Order of 1982.
(2.) The appellant authority initiated proceedings against the writ petitioners for the violation of paragraph 10(1) of the aforesaid State Control Order of 1982 and paragraph 8(1) and paragraph 2(e) of West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977, hereinafter referred to as the 1977 Control Order. It is not necessary to enter in detail into the facts and the arguments made at the bar before the: learned trial Judge.
(3.) The main contention of the writ petitioners was- that the First Information Report did not disclose any offence and as such the same should be quashed. Such argument was based on the ground that the State Control Orders of 1977 and 1982 were not applicable in respect of non-levy cement which was virtually decontrolled by the amendment of Cement Control Order, 1967 in 1982. It may be mentioned here that the said Cement Control Order, 1967 was made by the Central Government in exercise of the powers conferred upon it under the provisions of section l8G of the Industries (Development and Regulation) Act, 1951.;