A K JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal against the decision of the High Court of Patna in Criminal W. J. C. No. 11 of 1966 was brought after obtaining special leave from this Court. The principal question raised herein is whether the investigation which is being carried on against the appellants under sub-rule (3) of Rule 3 of Sugar-cane (Control) Order, 1955 (to be hereinafter referred to as the Order) read with Section 7 of the Essential Commodities Act 1955 (to be hereinafter referred to as the Act) is in accordance with law.

(2.) The appellants are office bearers of M/s. S. K. G. Sugar Ltd. (Lauriya). A complaint has been registered against them under sub-rule (3) of Rule 3 of the Order read with S. 7 of the Act on the ground that they have failed to pay to the sellers the price of the sugar-cane purchased by them, within the time prescribed. The said complaint is being investigated. The appellants are objecting to that investigation on various grounds. They unsuccessfully sought the intervention of the High Court of Patna under Article 226 of the Constitution in Cr. W. J. C. No. 11 of 1966. Hence this appeal.

(3.) Mr. B. R. L. Iyengar appearing for the appellants challenged the validity of the investigation in question on various grounds. We shall now proceed to deal with each one of those grounds.