M K MODI Vs. STATE OF U P

JUDGEMENT

(1.) S. I. Jafri, J. Mahendra Kumar Modi, K. K. Modi, Sridhar Gupta and H. C. Goel have filed this application in this court on 26. 5. 83, 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, Ghaziahad, u/s 3/7 of Essential Commodities Act be quashed, whereupon this Court by its order dated 26. 5. 83 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. (Govt. Statutory Rules) 502-E dated 22. 11. 73 passed by the Controller, appointed under the Vegetable Oil Product Controller Order, 1947. THE applicants were manufacturing Vanaspati (Edible Oil) by the firm styled as Modi Vanaspti 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 Vanaspti Manufacturing Company, stationed at Modi Nagar, district Ghaziabad. THE applicants were using mus tard oil in the manufacture of Vanaspati and by the aforesaid G. S. R. 502-E they were prohibited for using mustard oil in the manufacture of Vanaspati. Charge-sheet has alleged that in spite of the aforesaid prohibition order the applicants continued to use mustard oil in the manufacture of Vanaspati in violation of the aforesaid order. Conse quently, a case was registered at P. S. Modi Nagar against the Modi Vanaspati Manufactur ing Company and the applicants u/s 3/7 of the Essential Commodities Act. THE investigation followed and a charge-sheet was submitted by Sri Dashrat Singh, Inspector, Vigilance, 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.