MUKTA BEHARI Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) By means of this petition brought under Section 482 of the Code of Criminal Procedure, 1973 the petitioner Mukat Behari seeks the quashing of the registration of the criminal case against him as also the framing of the charge against him therein asserting that the same amount to abuse of process of law.

(2.) The petitioner is running his business under the name and style of 'M/s Gupta Oil Traders' at Shop Nos. 9 and 10, Ram Dwara Road, Anaj Mandi, Paharganj, New Delhi, as the sole proprietor thereof. This concern was the holder of Edible Oil Licence No. W/250 which was valid only uptil 20.1.1982 and was not renewed thereafter. According to the allegations of the prosecution this concern had purchased 650 tins of vanspati Ghee from Modi Industries Limited and sold the same during the period from 21.1.1982 to 29.1.1982 and this violation was detected on inspection carried out on 4.2.1982 by the Officials of Enforcement Staff of the Food and Supplies Department. This violation had taken place due to the fact that for the aforesaid period there was no valid licence with the petitioner.

(3.) A case FIR 129 of 1982 was registered against the petitioner under Section 7 of the Essential Commodities Act, 1955 (in short the Act) at Police Station Paharganj and the charge was framed against the petitioner on 16.4.1986 by Shri D.S. Bawa Metropolitan Magistrate, Delhi.