MAN MOHAN Vs. STATE OF U P

JUDGEMENT

(1.) AS common questions of law are involved in Criminal Revisions Nos. 1869 of 1973, 1487 of 1972 and Criminal Reference No. 426 of 1973, they have been ordered to be connected with Criminal Revision No. 1708 of 1973. I shall dispose them of by this common judgement.

(2.) APPLICANT Man Mohan is the General Manager and applicant G.K. Mathur is the Assistant Secretary of Messrs. Daurala Sugar Works, Daurala. They are being prosecuted for contravention of clause IV(1) of the Government of India, Ministry of Food and Agriculture. Community Development and Co -operation (Department of Food) New Delhi, Order No. G. S Rule 645/Ess. Com/Sugar dated 14th April 1970, known as the Sugar Packing and Marking Order 1970 punishable under Section 3/7 of the Essential Commodities Act, 1955.

(3.) APPLICANT B.L. Kapoor is the General Manager and D.P. Gupta is the Works Secretary of Mawana Sugar Works. On 28th November, 1970, R.D. Sethi Inspector aforesaid took ten samples of sugar from the factory godown of the above mentioned concern from the 1969 -70/1970 -71 seasons production. One of these samples was sent for testing to the National Sugar Institute, Kanpur, on 29.1.1971 and the analysis was conducted on 25.2.1971. The sample was found lower in grade than that marked by the factory. In response to a show cause notice an explanation was given by the factory which was not found to be satisfactory. Hence the applicants were prosecuted under Section 3/7 of the Essential Commodities Act. The report of the National Sugar Institute Kanpur disclosed that the sample was marked C -29 but the grade was C -28. The prosecution examined R.D. Sethi, Inspector and A.K. Gupta of the National Sugar Institute Kanpur, in support of the allegations in the complaint. A.K. Gupta proved the report of analysis prepared by K. Joshi. The Magistrate being satisfied that a prima facie case had been made out framed a charge against the accused. A revision was filed before the Sessions Judge Meerut which was dismissed on 22nd July, 1972. Hence this revision.