- (1.) Criminal Revision No. 2221 of 1989 and Criminal Revision No. 409 of 1990 were heard together as per order dated 26-2-1990 of this Court. Both the cases are directed for quashing the proceedings in Trial No. 7 of 1989 Case No. (G. R. 2771 of 1988) in respect of an alleged offence under S. 7(1)(a)(ii) of the Essential Commodities Act, 1955 read with Ss. 8, 9 and 10 of the said Act for alleged violation of paras 4, 5(ii)(b), 19(i) and 26 of the West Bengal Cotton Cloth and Yarn Control Order, 1960 pending in the 1st Special Court (E. C. Act) at Calcutta.
(2.) Criminal Revision Case No. 409 of 1990 was filed on behalf of minor Madhur N. Parasuramka as his case was split up and as he could not be tried jointly with other major accused persons.
(3.) Upon a First Information Report lodged by a Sub-Inspector of Police, Enforcement Branch against Keswa Prasad Parasuramka and Shyam Prakash Parasuramka, Barabazar Police Station Case No. 775 dated 1-2-1986 under S.7(1)(a)(ii) of the Essen tial Commodities Act, 1955 was started. It was alleged that the accused persons were found selling cotton sarees on behalf of Messrs. Sewa Kunj (Proprietor - Anup Kumar Parasuramka) from the shop of Messrs. Mansukhari Hazarimal at 201-B, Ma hatma Gandhi Road, without the relevant licence and in violation of the provision of para 4 of the West Bengal Cotton Cloth and Yarn Control Order, 1960. The said First Information Report was based on a General Diary Entry 68 dated 1-12-1988. 1n course of search, 52 pieces of dhotis with Finlay Mills trade mark and 502 pieces of cotton sarees (printed) styled as S. N. prints ('Mathusree' etc.) were seized and the two accused persons were arrested and released on P. S. Bail on Medical ground. The Investigating Officer, by report dated 7-3-89, submitted a final report before the Judge stating that the accused be discharged as no sufficient evidence was forthcom ing against them. By order dated 26-4-1989 the learned Judge did not accept the report of the Inves tigating Officer but directed further investigation by a senior and competent officer and report. After further investigation nothing could be found against the accused petitioners and the I. O. prayed for their discharge. The learned Judge, however, upon con sideration of the materials available on record and statements of witnesses took cognizance of the of fence under S. 190(1)(b) of the Code of Criminal Procedure for violation of paras 4, 5(ii)(b), 19(1) and 26 of the West Bengal Cotton Cloth and Yarn Control Order, 1966, punishable under S.7(1)(a)(ii) of the Essential Commodities Act read with Ss. 8, 9 and 10 of the said Act fixing 11-7-1989 for supply of copies to the accused persons and issuing process against absentee accused by his order dated 14-6 -1989.;