T BALASUBRAMANIAM AND OTHERS Vs. STATE

JUDGEMENT

(1.) This is a petition filed under S. 482, Crl. P.C., to quash the proceedings in S.T.R. No. 7 of 1983 on the file of the Sub Divisional Magistrate, Tiruppur.

(2.) Petitioner No. 1 is the licensee to deal with fertilizer business in the premises at Door. No. 10/149 and 10/150, Sathi Main Road, Annoor. Petitioner No. 2 who is none else than the father of petitioner No. l is the owner of the premises in Door No. 10/150A as well as other premises wherein petitioner No. 1 was dealing business in fertilizer and petitioners 3 and 4 are the friends closely associated to petitioners 1 and 2.

(3.) The Assistant Director of Agriculture (Inputs) Coimbatore, inspected the business premises of petitioner 1 at Door No. 10/150A, Sathi Main Road, Annoor at 11 a.m. on 22nd October, 1981. The business premises was found then locked. On production of the key by petitioner No. 2, the door was opened and the fertilizers stocked therein were seized under 'Athachi' attested by Revenue Inspector and the petitioner No. 1. After issuing show cause notice to all the petitioners, a prosecution has been launched against the petitioners before the Sub Divisional Magistrate, Tiruppur, for violation of C1.5(i) of the Fertilizer Control Order, 1957 punishable under S. 7(1)(a)(ii) of Essential Commodities Act 1955. On receipt of the process from the Court, the petitioners have come forward with the present petition praying to quash the proceedings initiated against them by the Court below.