N.N. Mathur, J. - (1.) Both the petitions are directed against the order dated 10.10.2003 passed by the Chief Judicial Magistrate, Bikaner rejecting the petitioners' prayer for discharging them for offence under section 3/7 of the Essential Commodities Act.
(2.) I have heard counsel for the petitioners and perused the impugned order. Briefly stated that facts giving rise to the instant petitions are that the first respondent filed a complaint before the court of Special Judge, Essential Commodities Cases, Bikaner alleging therein that on 14.7.98 he purchased the milk pouches from the accused persons. The milk article was not marked as per the criteria laid down in the Milk and Milk Products Order, 1992 (hereinafter referred to as the Order of 1992).
(3.) It is contended by the learned counsel that at the first instance the complainant had no right to file a private complaint. It is also submitted that the provisions of Paragraph 26 of the Order of 1992 are not attracted in the instant case. It has further been submitted that as required by Clause 49 of the Order of 1992 no permission has been obtained by the concerned registering authority.;