- (1.)By this Revisional Application under Ss. 401/482 of the Code of Criminal Proce dure, 1973 (hereinafter referred to as Code), the Petitioners-accused (hereinafter referred to as Petitioners) have prayed for quashing of the relevant Proceedings, being G.R. Case No. 1623 of 1994 pending before the Learned Judge, First Special Court (E.C. Act) Calcutta, arising out of Hastings P.S. Case No. 165 dated 2-7-1994, on the grounds made out therein.
(2.)It is contended by the petitioners that the petitioner No. 1 is a partnership firm of which the other Petitioners are partners, and they were granted licence No. AGT/Cal/66 dated 16-2-1989 under the provisions of the West Bengal Kerosene Control, Order, 1968 (hereinafter shortened into Order of 1968) to act as an Agent of the Indian Oil Corporation for distribution of kerosene to the Licensed Dealers under the public distribution system. The said Licence is valid, being extended from time to time by the opposite-party No. 2, the Licensing Authority.
(3.)The opposite-party No. 2, the Director of Consumer Goods, West Bengal, with various other police officers, had held a raid at the petitioners' storage-cum-godown at S-3, St. George Gate, Fort William, Calcutta-700 021 (although it was shown to be at B. 6, Garrison Bazar, Fort William, Calcutta- 700 021) from 23-30 hours of 1-7-1994 to 1-30 hours of 2-7-1994, and it was allegedly detected that the petitioners were attempting to convert blue kerosene oil to white kerosene oil. Some of the accused persons were found during the said raid to be in the act of adulterating kerosene oil by converting blue kerosene oil to white in order to dispose of the same in open market at higher prices. A number of articles had also been seized during the said raid. The petitioners-accused, along with others, have thus been prosecuted for aiding and abetting each other for running of clandestine business of adulteration of kerosene oil by violating the conditions of licence and the directions laid down in paras 12 and 14 of the Kerosene Control Order of 1968, punishable under Ss. 7(1)(a)(ii)/8 of the Essential Commodities Act, 1955 (hereinafter referred to as E.C. Act) on the allegations made in the FIR.
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