- (1.) Heard learned counsel for the petitioners and the learned counsel for the State.
(2.) The petitioners are the owners of a petrol pump in Bokaro, and they have challanged the order dated 13.11.2003 passed by the learned Chief Judicial Magistrate, Bokaro, in Sector-IV P.S. Case No. 85 of 2001, whereby cognizance has been taken against the petitioners for the offence under Sections 265 and 420 of the Indian Penal Code and Sections 37 and 39(2) of the Standards of Weights and Measures (Enforcement) Act, 1985 (herein after referred to as the 'Act'). The petitioners have also prayed for quashing the entire criminal proceedings in the said case against them.
(3.) The facts of this case lie in short compass. The petrol pump of the petitioners was inspected on 12.12.2001 by the Inspector, Weights and Measures, Bokaro, in the presence of Executive Magistrate, and it was found that there was short supply of petrol and diesel in the outfits of the petrol pump and the seals of the outfits were also found broken and accordingly, the FIR was lodged against the petitioners, for the offence under Section 7 of the Essential Commodities Act. It appears that after investigation, however, no charge-sheet was submitted for the offence under Section 7 of the Essential Commodities Act, but the charge-sheet was submitted only for the offences under Sections 265 and 420 of the Indian Penal Code and Sections 37 and 39(2) of the Standards of Weights and Measures (Enforcement) Act, 1985, on the basis of which, the cognizance has also been taken for the said offences against the petitioners, by the impugned order dated 13.11.2003.;