RAM NIWAS AND OTHERS Vs. STATE

JUDGEMENT

(1.) By this petition, the eight petitioners pray that the order dated 14th April, 193\directing the framing of charge, passed by Mr. M. S. Sabhrrwal, Metropolitan Magistrate, Delhi be quashed; as also the charge dated 1st May, 1982.

(2.) These are the facts. M/s. Molu Kam Radha Kishan, a partnership firm consisting of nine partners was functioning at 4082, Naya Bazar, Shahjada Bagh, Sarai Rohilla, Delhi, A wholesale licence for pulses has been granted to the said firm under the Delhi Pulses (Licencing of Dealers) Order, 1975. The licence had been in existence since 6th Dec., 1974. On 15th Feb., 1980, at the request of the firm, the said licence was endorsed to enable the said firm to act as commission agents. This would permit the firm to keep pulses in excess of 1000 quintals for a maximum of fifteen days.

(3.) However, on the basis of information that pulses in excess of 1000 quintals were being retained by the said firm for a period exceeding fifteen days, officials of the Food & Supplies Department visited both the premises above mentioned on 17th and 19th March, 1980. The stocks were checked and counted in the presence of Mr. Purshotam Parkash one of the partners of the firm and Mr. Chhabil Chand, the "Munim" of the firm. At both places it was found, that the stocks were in excess of the permissible quantity. Certain variations in the records were also detacted.