TIKAM CHAND Vs. STATE

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure is directed against an order of February 11, 1983, made in a pending prosecution under Section 7 of the Essential Commodities Act, holding that there was sufficient ground to proceed against the petitioner on a charge of carrying on business as dealers in "edible oils" without a licence in contravention of Clause (4) of the Delhi Edible Oils (Licensing and Control) Order 1977, for short, "the Delhi Order".

(2.) In a raid conducted by officials of the Food and Supplies Department on the business premises of the petitioners on October 4, 1977, 470 tins of imported rapeseed oil containing 15 Kgs. 800 Gms. rapeseed oil each and also bearing the label of "imported rapeseed oil" were allegedly found "stored for sale". One of the tins was seized by the officials. The accused admittedly had no licence under Clause (4) of the aforesaid order. A case was accordingly registered and put in court.

(3.) Petitioner opposed framing of charge, inter alia, on the grounds. that, on the material date, the Delhi order stood superseded by the Pulses and Edible Oils (storage Control) Order 1977, for short the Central Order, issued on September 30, 1977, Clause (3) whereof gave a grace period of 15 days from the date of coming into force of the clause to a dealer to obtain a licence and that in view of the said grace period the petitioners were entitled to carry on business as dealers in edible oils without a licence and there was, therefore, no contravention. It was further urged that, in any event, by a Notification of October 14, 1977 Clause (4) of the Central Order had been amended to except from the operation of the Central Order edible oils "imported from aborad." A further contention was raised that in terms of the Government Circular of May 18, 1977 imported rapeseed oil and edivel obtained by Solvent Extraction will be used for human consumption only "after refining and confoming to prescribed specification and that until such refining etc., it was not edible within the meaning of the Control Order, and that, therefore, neither the Delhi Order nor the Central Order applied in terms to the imported rapeseed oil, which was allegedly seized from the premises of the petitioners. Certain other contentions were also raised with which we are not concerned in the present proceedings. By an elaborate and a well reasoned order, the trial court dealt with and negatived the various contentions holding that there were sufficient grounds to proceed against the accused persons for the offence alleged and directed that the charge be framed against them accordingly. This the how the petitioner have come to this court.