WASI AHMAD PARWANA & ANOTHER Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The prayer of the petitioners in this application is to quash the entire criminal prosecution instituted against them under Sec. 7 of the Essential Commodities Act, 1955 (hereinafter to be referred to as the Act) in Case No. C (C) 69/74 pending in the court of the Subdivisional Judicial Magistrate, Araria within the district of Purnea. Wasi Ahmad Parwana, petitioner no. 1, is employed as Manager by the Bihar State Cooperative Marketing Union Ltd. at its Co -operative Marketing Agricoal Depot at Araria and Kamrujamma, petitioner No. 2, employed as a night -guard. This Co -operative Marketing Agricoal Depot has a certificate of registration under the provision of the Fertilizer (Control) Order, 1957 (hereinafter to be referred to as the Fertilizer Order).

(2.) On 30.1.1974, the premises of the aforesaid depot was inspected by the Assistant District Supply Officer of Araria, who verified the stock and all other books of accounts. Later on, petitioner no. 1 was again asked to produce all his books of accounts for proper verification by an order dated 2.2.1974. Thereafter, the petitioner was served with a show cause asking him to explain as to why he should not be prosecuted under Sec. 7 of the Act to which he showed cause in detail

(3.) It appears that on 4.10.1974, the Assistant District Supply Officer filed a complaint petition before the Subdivisional Judicial Magistrate, Araria, on a consideration of which learned Magistrate took cognizance under Sec. 7 of the Act against the petitioners by an order dated 8.10.1974.