- (1.) This Rule was directed on the Deputy Commissioner of Darjeeling to show because why proceedings pending against the Petitioner in the court of a Magistrate at Siliguri should not be quashed.
(2.) The proceedings were under Sections 6 and 7 of the West Bengal Cement Control Act. After some witnesses were examined a charge has been framed against the Petitioner that he by contravention of an order contained in notification No. 1033D.C.S. of August 18, 1948, committed an offence under Sections 6 and 7 of the Cement Control Act, 1948. Section 6 of the West Bengal Cement Control Act is in these words: If any person contravenes any order made under Section 3, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both, and, if the order so provides, any Court, trying such contravention, may direct that any property in respect of which the Court is satisfied that the order has been contravened shall be forfeited to his Majesty. Section 7 provides: Any person who attempts to contravene, or abets a contravention of, any order made under Section 3, shall be deemed to have contravened that order. Section 3 of the West Bengal Cement Control Act under which the order is said to have been made provides that: The Provineial Government may by order in the Official Gazette provide for regulating or prohibiting the production, supply and distribution of cement and trade and commerce therein within West Bengal.
(3.) The important question here is whether any order has been made in respect of the district of Darjeeling within which the offence is said to have been committed.;