M/S GHANSHYAM UDYOG; AND ANOTHER Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This application under Ss. 397 and 401 of the Criminal Procedure Code is directed against the order dated 14.3.1986, by which the Special Judge, Purnea (Essential Commodities Act) has taken cognizance of offence under Sec. 7 of the Essential Commodities Act, 1955 against the petitioners in Special Case No. 45 of 1984. Initially this application was filed as an application for quashing of the entire criminal proceeding under Sec. 482 of the Criminal Procedure Code initiated on the basis of a complaint filed including the aforesaid order, but by order dated 26.3.1986 passed by Hon'ble Mr. justice S.H.S. Abidi this application was converted into an application under Ss. 397 and 401 of the Criminal Procedure Code. At the moment this application is for setting aside the aforesaid order. The facts leading to the prosecution of these petitioners briefly stated are that petitioner No. 1 is a partnership firm carrying on wholesale business in Foodgrains having a valid wholesale Foodgrains licence bearing Licence No. 465/76 issued under the provisions of Bihar Foodgrains Dealer's Licensing Order, 1967 and petitioner No. 2 is one of the partners of the said firm. On 23.5.1984 at 5.35 A.M. Mr. Abdul Rashid, Additional Marketing Officer, Araria in presence of witnesses Sri R.S. Paswan, Assistant District Supply Officer, Araria and Md. Afak, Supply Inspector, Araria and R. K. Jha, Assistant Marketing Officer, Araria intercepted two trucks bearing No. B.R.K. 6917 and B.R.K. 5075 at Sahid Chowk Jauki Hat, Purnea, carrying 256 bags of wheat weighing 256 quintals. On interrogation from the driver, it was learnt that the Foodgrains namely the wheat was sold by M/s Ghanshyam Udyog i.e. petitioner No. 1. The Inspecting Officer, i.e. Mr. Abdul Rashid was not satisfied from the papers i.e. credit memos produced by the Drivers and hence two trucks of wheat were seized. Thereafter, a complaint was filed in the court of Special Judge, Essential Commodities Act, Purnea on 25th May, 1984 after inspecting the petitioners' firm and the relevant papers and registers maintained under the Bihar Foodgrains Dealers Licensing Order, 1967. On the basis of the aforesaid complaint, the learned Special Judge, Essential Commodities Act, Purnea took cognizance against the petitioners for offence under Sec. 7 of the Essential Commodities Act by order dated 14.3.1985 after hearing the counsel for the petitioners and the Special P.P.

(2.) The Learned Counsel appearing for the petitioners has contended that on the basis of the allegations as mentioned in the petition of complaint no offence under Sec. 7 of the Essential Commodities Act is made out against the petitioners. In this connection it has also been submitted that besides the allegations attracting the provisions of Sec. 7 of the Essential Commodities Act certain allegations have also been made against the petitioners in the petition of complaint for violation of certain provisions of Sales Tax Act as well as Bihar Agricultural Produce Markets Act, 1960, and Bihar Shops and Establishment Act, 1953. But in the petition of complaint, the complainant i.e. Assistant Marketing Officer has mainly alleged the violation of Foodgrains Dealers' Licensing Orders, 1967 and hence has made a prayer for the prosecution of the petitioners under Sec. 7 of the Essential Commodities Act.

(3.) That the Learned Counsel appearing for the petitioners has submitted that the petitioners' Firm had sold on credit 131 quintals of wheat and 125 quintals of wheat to M/s Manoranjan Shaha of Flalkata, Subdivisional Alipurduar, District Jalpaiguri and M/s Sachidanand Shaha of Gosain Hat, district Koochbehar, West Bengal, respectively. Accordingly the petitioners firm issued credit memos being credit memo No. 4 dated 23.3.1984 with respect to 125 quintals of wheat sold on credit to Messrs Sachidanand Shaha and credit Memo No. 5 dated 23.5.84 with regard to the credit sale of 131 quintals of wheat to M/s Manoranjan Shaha. The aforesaid two consignments were loaded on two public trucks bearing BRK 6917 and BRK 5075 for being transported to their respective destinations and the driver of the said two trucks were given the aforesaid credit memos to be carried with them.