D K GUPTA Vs. STATE

JUDGEMENT

(1.) -

(2.) THIS is a petition under Section 482 of the Code of Criminal Procedure tor quashing FIR No. 194/87 by which a case under Section 7 of the Essential Commodities Act, 1955 was registered against the petitioner. It is alleged that the petitioner contravened Delhi (Milk and Milk Products) Control Order, 1987 by importing Rasgullas sealed in tins from Bombay and further supplying/selling the same to Sat Narain Gupta, owner of Kwalily Sweets, Greater Kailash, New Delhi. It is stated that the Rasgullas in sealed tins were found at the shop of Kwality Sweets. The case vyas accordingly registered against the petitioner and also against Sat Narain Gupta. The aforesaid control order was made for the purpose of maintaining and increasing supplies of milk for securing it equitable distribution in the Union Territory of Delhi. Prohibition was imposed for use of milk for manufacturing of khoya, rabari and paneer or any such sweets in the preparation of which milk or any of its products was the ingredient. There is also prohibition against possession, selling or serving such type of items and again to their export.