SURINDER SINGH, J. - (1.) THE relief claimed in the present petition under section 482, Code of Criminal Procedure, filed by Ved Kumari Mittal and others, Directors of Bhatinda Chemical and Vanaspati Mills Pvt. Ltd., Bhatinda, is for the quashing of First Information Report No.345 of the date, as back as July 25, 1983, registered at Police Station Kotwali, Bhatinda under section 7 of the Essential Commodities Act and the proceedings taken consequent thereto, which are in progress before the Special Judge, Bhatinda.
(2.) IT would be relevant to reproduce the impugned First Information Report, as extracted in extenso in the present petition and the correction of which is not disputed at both ends : "From : The Sub Divisional Magistrate, Bhatinda. To The Senior Superintendent of Police, Bhatinda. No. 560/SDM Bhatinda dated 25.7.1983. Subject : Registration of Criminal Case under Section 7 of the Essential Commodities Act, 1955 against Shri Dwarka Dass Mittal Chairman, Sh.Rajinder Mittal Managing Director, Smt. Ved Kumari wife of Sh.Dwarka Dass Mittal and Sri Vinod Mittal Director of M/s Bhatinda Chemical and Vanaspati Mills Pvt. Ltd., Bhatinda. According to statement supplied by the Managing Director of the Bhatinda Chemical and Vanaspati Mills Pvt. Ltd., Bhatinda, it received 498.70 qtls of RBD Palm oil and after refining and manufacturing sold 495.82 quintal. Thus undergoing manufacturing losses to the tune of 2.88 qunital under Section 3(1) of Vegetable Oil Product Producers Regulation of Refined Oil Manufacture) Order 1973 no producer shall manufacture for sale any refined imported Palm oil. M/s Bhatinda Chemical and Vanaspati Mills Private Ltd., Bhatinda manufactured for sale RBD Palm oil in contravention of the aforesaid Order. A criminal case under Section 7 of Essential Commodities Act may kindly be got registered against Shri Dwarka Dass Mittal, Chairman, Sh. Rajinder Mittal, M.D., Smt. Ved Kumar w/o Dwarka Dass Mittal and Shri Vinod Mittal Directors of the Bhatinda Chemical and Vanaspati Mill Pvt. Ltd. M/s. Bhatinda Chemical and Vanaspati Mills Pvt. Ltd., Bhatinda, did not file return of receipt and sale of RBD Palm Oil after manufacturing the same as required under the Punjab Edible Oil Seed and Edible Old Dealers Licensing Order 1977. Non-filing of returns in contravention of Licensing Order. A Criminal Case under Section 7 E.C. Act may kindly be got registered against Shri Dwarka Dass Mittal Chairman, Shri Rajinder Mittal, M.D., Ved Kumari w/o Dwarka Dass Mittal and Sh. Vinod Mittal Director of M/s. Bhatinda Chemical and Vanaspati Mill Pvt. Ltd. Bhatinda. Sh. Dwarka Dass is Chairman, Rajinder Mittal is Managing Directors, smt. Ved Kumari wife of Dwarka Dass and sh. Vinod Mittal are Director of Bhatinda Chemical and Vanaspati Mills Pvt. Ltd., Bhatinda and were incharge and responsible to it for the conduct of its business at the time of commission of offence. Sd/- Sh. Joginder Pal Singh, Sub Divisional Magistrate, Bhatinda..........." Various grounds of attack are raised in respect of the proceedings launched in the consequence of the First Information Report, above noticed. These grounds include objections in regard to jurisdiction of the Court, as also the illegality of the proceedings, apart from the merits of the matter itself. The petition is opposed by the respondent-State, on whose behalf written reply along with various documents as Annexures has been filed. At the time of hearing of the matter on December 19, 1985, the parties, through their learned counsel, made an agreed proposal that the petition may be disposed of at the motion stage itself. The arguments of the learned counsel for the parties have, therefore, been heard at considerable length.
(3.) THE learned counsel for the petitioners has straightaway come to grips with the merits of the case instead of dealing with the technicalities and legality of the proceedings. It has been contended that the contents of the impugned First Information Report seek to fix liability upon the petitioners on two grounds. Firstly, that the firm of the petitioners had received 498.70 quintals of R.B.D. (Refined Bleached and Deodorised) Palm Oil and after refining and manufacturing the same, sold 495.82 quintals, with a manufacturing loss of 2.88 quintals. This is stated to be a violation of the provisions of Clause 3(1) of the Vegetable Oil Product Producers (Regulation of Refind Oil Manufacture) Order, 1973 (hereinafter referred to as the 1973 Order). The second allegations in the First Information Report is that the firm of the petitioners did not file Return regarding receipt and sale of R.B.D. Palm Oil after manufacturing the same, as required under the Punjab Edible Oil Seeds and Edible Oils Dealers Licensing Order 1977 (hereinafter referred to as the 1977 Order). The two violations are alleged to be contravention of the said Orders, punishable under section 7 of the Essential Commodities Act. Except for these two allegations, there is no other allegation mentioned in the First Information Report.;