Subrata Talukdar, J. - (1.) In this writ petition challenge been thrown to the institution of criminal proceedings on the basis of first information reports lodged by the police authorities against members of the writ petition no-1 in respect of which cases are pending before the learned Special Courts (Essential Commodities Act). At issue before this Court in the writ petition are the criminal cases being Jagatdal P.S. Case No. 150 dated 2nd May, 1991 and Barasat P.S. Case No. 355 dated 29th April, 1991 as also Kanksa P.S. Case No. 39/91.
(2.) A common argument has been advanced by the learned Senior Advocates, Sri Ashok Kumar Chakraborti, and Sri Saptangshu Basu. Learned Senior Counsel have argued that the individual petitioner nos. 2 to 5 are all members of the petitioner no.1 which is an association of brick-field owners. The said brick field owners are required to purchase coal for burning of bricks.
(3.) It is further pointed out by learned Senior Counsel that the coal which is purchased by the said brick field owners for the making of bricks does not attract the penal provisions of The Essential Commodities Act, 1955. Therefore, the use of such coal for the manufacture of bricks cannot be treated as an use under the Essential Commodities Act constituting violation also of the West Bengal, Declaration of Stock and Prices of Essential Commodities Order, 1977 (for short The 1977 Order).;