MAHENDRA KUMAR MODI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) MAHENDRA Kumar Modi, K.K. Modi, Sridhar Gupta and H. C. Goel have filed this application in this Court on 26-5-1983, praying that the proceedings in Criminal Case No. 284 of 1982, State v. M. K. Modi and others, with respect to Crime No. 56 of 1975 of P. S. Modi Nagar (Criminal Case No. 974 : of 1978), pending in the court of Munsif Magistrate, Ghaziabad. u/Sec. 3/7 of Essential Commodities Act be quashed, whereupon this court by its order dated 26-5-1983 stayed further proceedings in the case and issued notice to Union of India through the Vegetable Oil Product Controller for India, New Delhi.

(2.) THE case of the accused applicants is that they have violated G.S.R. (Government Statutory Rules) 502 E 'dated 22-11-1973 passed by the Controller, appointed under the Vegetable Oil Product Control Order, 1947, THE applicants were manufacturing Vanaspati (edible oil) by the firm styled as Modi Vanaspati Manufacturing,Company. THE applicant No. 1 Mahendra Kumar Modi is Managing Director, applicant no. 2 K. K. Modi is General Manager of the said company whereas applicant no. 3 Sridhar Gupta is a Chief Chemist and applicant no. 4 H. C. Goel is Chemist of Modi Vanaspati Manufacturing Company, stationed at Modi Nagar, district Ghaziabad. THE applicants were using mustard oil in the manufacture of Vanaspati and by the aforesaid G. S. R. 502E they were prohibited for using mustard oil in the manufacture of Vanaspati. Charge sheet has alleged that inspite of the aforesaid prohibition order the applicants continued to use mustard oil in the manufacture of Vanaspati in violation of the aforesaid order. Consequently, a case was registered at P. S. Modi Nagar against the Modi Vanaspati Manufacturing Company and the applicants, u/Sec. 3/7 of the Essential Commodities Act. THE investigation followed and a charge sheet was submitted by Sri Dashrath Singh. Inspector, Vigilence, in August 1977, whereupon a criminal case No. 284 of 1982 was registered in the court of C.J.M., Ghaziabad for the violation of the aforesaid prohibition order dated 8-5-1975.

(3.) I have heard Sri G. S. Chaturvedi, learned counsel for Mahendra Kumar Modi and others and also Sri G. Bhatt, learned counsel for the State.