SHEORATAN AGARWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Special Leave granted.

(2.) A complaint was laid by the State of Madhya Pradesh through the Inspector, Food and Civil Supplies, Dewas against the two petitioners Sheoratan Agarwal and Raghunandanlal Chaturvedi, the Managing Director and the Production Manager of M/s 5-S Limited, a Public Limited. Company with its registered office at Calcutta, for alleged violations of clauses 2(c)(i) and 3 of the Madhya Pradesh Pulses, Edible Oil Seeds and Edible Oil Dealers Licensing Order, 1977 and clause 3 of the Madhya Pradesh Essential Commodities (Price Exhibition and Price Control) Order, 1977 read with Ss. 3 and 7 of the Essential Commodities Act. The petitioners moved the High Court of Madhya Pradesh under Ss. 397 and 482 of the Criminal P. C. to quash the proceedings against them on the ground that they could not, in law, be prosecuted unless the Company itself was prosecuted. The High Court overruled the contention raised on behalf of the petitioners. Hence these two appeals by Special Leave, under Art. 136 of the Constitution.

(3.) Shri S. T. Desai, learned counsel for the petitioners, urged the same contention before us, relying for that purpose upon the language of S. 10 of the Essential Commodities Act, and the decision of this Court in State of Madras v. C. V. Parekh AIR 1971 SC 447 and the decisions of some High Courts:State of Gujarat v. Chandulal Jethalal (1980) 21 Guj LR 353 Mirji Brothers Oil Mill v. State, of Karnataka, (1980) 2 Kant LJ 35, Santi Kumar Agarwala v. State ILR (1975) Cut 86.