Amal Kanti Bhattacharjee, J. - (1.) This is a revision petition filed by the two partners of a firm named Master Engineering against an order dated 22-12-87 passed by the Judg. Special Court (E.C. Act) refusing their prayer for discharge from a criminal prosecution launched under Section 7 (1) (a) (ii) of the Essential Commodities Act 1952. The firm has its registered office at P.N. Malia Road, Ranigunj and branches at Panchgarh Bazar, Midnapur, Kharagpur and Calcutta, the branches being managed by the respective Managers.
(2.) The petitioners' case is that on 19-11-85 a team of officers from the West Bengal Enforcement Branch acting on a secret information raided the office cum-godown of the Tantigeria Branch of the firm at Midnapur and found on an examination of the sale Register that a sale of 800 litres of Kerosene oil alleged to have been sold to one Kashinath Hatari was not endorsed in the allotment register. The Manager of the Branch Bajranglal Murarka was present at the time of search of the godown. As such on the allegation that the firm and its partners and manager had shown false delivery of 800 litres of Kerosene oil a prosecution was started against the aforesaid persons under Section 7 (1) (a) (ii) of the Essential Commodities Act and Sections 420/406/467/120-B of the Indian Penal Code. The petitioners claimed before the Special Court that they had executed a power of attorney in favour of the Manager Bajranglal Murarka for carrying on business of the Midnapur Branch on their behalf and that they' could not be proceeded against for the alleged offence. The learned Judge, Special Court, however, rejected the petitioners' prayer for discharge on the ground that on the face of the allegations against the petitioners they could not be discharged at this stage and that their guilt or otherwise could be established only after evidence was taken.
(3.) During the pendency of this revision proceeding one of the petitioners namely, Sundarmal Patesaria died on 13-5-88. This revision is therefore, conducted on behalf of one petitioner only, namely, Mohanlal Patesaria (petitioner No. 2).;