VIDYA WATI Vs. STATE

JUDGEMENT

(1.) This is a revision petition under Sections 397, 399/ 401 of the Code of Criminal Procedure for setting aside the charge framed against the three petitioners by Shri P.S. Sharma. Additional Sessions Judge, Delhi, by his order dated May 25, 1987 for the offence punishable under Section 7 of the Essential Commodities Act. 1955 (for short 'the Act'). The police of police station Civil Lines, Delhi bad filed the challan against seven accused namely, M/s Pinky Builders, a partnership firm, the three petitioners who are the partners of that firm. one Gian Singh, driver of the truck, Surender Singh and Girraj Shukla, two alleged salesmen of the said firm. The prosecution case stated in brief is that on July 11, 1983 at about 3.50 p.m. one truck bearing No DEL-7232 which was being driven by Gian Singh accused was intercepted by the officers of the Food & Supplies Department of the Delhi Administration and accused Girraj Shukla was sitting by the side of the driver. 100 bags of levy cement were being carried in the truck. The Food & Supplies officials also found one sales register and some cash memo books in the possession of Surendra Singh at that time who stated that he was the manager of the firm It transpired that 100 bags of levy cement were being transported to the premises of one Cine Sales (Mfg) Pvt. Ltd. 11, Court Road, Civil Lines, Delhi to whom the same had been sold. The truck along with 100 bags of levy cement, the stock register and the cash memo books were seized. On search of the business premises of the firm on the next day 14 bags of levy cement were found short and 14 bags of non-levy cement were found in excess in stock at the premises. It was also found that the firm bad maintained duplicate sales register and cash memo books of non-levy cement.

(2.) The case of the prosecution as per the charge sheet filed under Section 173 Cr.P.C. is that the firm M/s. Pinky Builders had committed the offence in question for the alleged violations and the three petitioners being the partners of the firm should also be deemed to have committed the offence by virtue of S. 10 (1) of the Act. It is not the case of the prosecution that these persons committed the violations in question personally and individually.

(3.) Mr. P.S. Sharma. Additional Sessions Judge, Delhi by his impugned order charged the five accused persons i.e. the three petitioners, Surinder Singh and Girraj Shukla, the two salesmen of the company, under Section 7 of the Essential Commodities Act, 1955. A common charge was framed against all the five accused persons for their having committed the following violations and irregularities :