- (1.) THIS revisional application by two accused one of whom is a businessman and other an employee of Eastern Coal Fields Ltd. is directed against the order dated December 5, 1983 passed by Judge, Special Court in taking cognizance of the offence under Section 7(l)(a)(ii) of Essential Commodities Act, 1955 on the basis of the charge sheet filed before the Special Court. The allegations in the First Information Report are that on or about 10th March, 1983 at about 10.15 hours the police held a raid at Pandabeswar, Muchipara and found that the petitioners were selling coal from a coal depot at Muchipara. At the sight of the police the petitioners fled away and the police did not find any stock -cum -rate Board at the place of business. The police, inter alia, seized about 8 M of steam coal. Thus the petitioners have violated the provisions of Section 12E of the Colliery Control Order, 1945 and Section 6 of the West Bengal Declaration of Stock and Price of Essential Commodities Order, 1977.
(2.) THEREAFTER on or about September 7, 1983, the police submitted the impugned charge sheet dated July 28, 1983 in respect of the allegations made in the first information report upon which the learned Judge took cognizance by his order dated December 5, 1983 and directed to supply copy of the charge sheet to the petitioners, which has been impugned in this application.
(3.) ACCORDING to the petitioners, the entire prosecution is misconceived and not tenable in law as the West Bengal Declaration of stock and price of Essential Commodities Order, 1977 cannot be made applicable to coal. It is also the contention that no licence or authority is necessary for carrying on business in coal in terms of the notification issued by the Central Government as well as under the provisions of the Coal Mines Nationalization Act. Section 12E of the Colliery Control Order has ceased to have any effect and the application of the same in instant case amounts to a clear abuse of the process of law. Our attention has been drawn to two Bench decisions of this Court. The first decision is in the case of Ashok Kumar Jain v/s. State reported in 87 CWN. 975 where judgment was rendered on July 25, 1983. In that case the police raised the petitioner's shop and seized a large quantity of steam coke, slack coke and soft coke, which were stacked at the usual place of business. Pursuant to the seizure, a case was started against the petitioner for violation of clauses (3) and (5) of the West Bengal Declaration of Stock and Price of Essential Commodities Order, 1977 and also for the violation of the provisions of the West Bengal Soft Coke Licensing Order, 1965. The question before the Court was whether the petitioners committed any violation of clauses (3) and (5) of the Declaration of Stock and Price of Essential Commodities Order, 1977. There the Division bench held as follows: This order was passed by the West Bengal Government in accordance with a notification issued by the Government of India Ministry of Agriculture, Department of Food, being notification No. GSR 316(E) dated 20/6/72 by virtue of which power was delegated to the State Government under Section 5 Act of 1955 for passing the aforesaid order. On a scrutiny of the notification it appears that the said notification only empowers the State Government to make orders to provide for matters in relation to food stuff. Therefore, the West Bengal Declaration of Stork and Prices of Essential Commodities Order could not be passed in relation to soft coke and other typos of coal which are surely not food stuff. Therefore, the submissions made by Mr. D.P. Chaudhuri appearing on behalf of the petitioner have to be accepted. Mr. Satyabrata Bhattacharyya appearing on behalf of the State has very fairly accepted the position of law as expounded by Mr. Chaudhuri. In that view of the matter the proceedings initiated against the petitioner was quashed.;