Shiv Kumar Sharma, J. - (1.) Instant revision impugns the order dated June 6, 1996 of the learned Special Judge, Essential Commodity Cases Jhunjhunu whereby the cognisance under Section 3/7 of the Essential Commodities Act, 1955 (for short the Act) was taken against the petitioners.
(2.) Few relevant facts are required to be set out at the out set. A complaint under Section 3/7 of the Act was instituted by the State of Rajasthan against the petitioners in the trial court with the averments that on Feb. 15, 1996 the Assistant District Supply Officer Jhunjhunu when inspected firm M/s. Kalpana Granites he found petitioner Kapil Gadiya in the premises of the firm. The firm illegally stored 630 ltrs. of kerosene oil in three drums and violated sections 3 and 18 of the Rajasthan Trade Commodities and Control Order 1980 which was an offence punishable under Section 3/7 of the Act. in the complaint Gopi Chand Gadiya and Samal Kishore Gadiya were shown as partners of the firm M/s. Kalpana Granite and Smt. Poonam Gadiya as proprietor of the firm whereas Kapil Gadiya as worker. On this complaint learned Judge, took cognisance against the accused petitioner as mentioned herein above.
(3.) It is thus not in dispute that M/s. Kalpna Granites is a partnership firm. Section 10 of the Act relates to the offences committed by firm which reads as under: "10. Offences by companies (1) If the person contravening an order made under section 3 is a company, every person who, at the time the contravention was committed, was in charge of and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly. Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention. (2) Notwithstanding anything contained in sub-Section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company such director, manager, secretary or other officer shall also to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation for the purposes of this section (a) "company" means any body corporate, and includes a firm or other association of individuals; and (b) "director" in relation to a firm means a partner in the firm.";