ASHWANI KUMAR TANDON Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a petition filed under Section 482 of Criminal Procedure Code, for quashing Cr. Case No. 686/2004 pending in the Court of Chief Judicial Magistrate, Shajapur against present petitioner, on the complaint of Junior Supply Officer, District-Shajapur.

(2.) COMPLAINANT has filed the complaint before CJM, Shajapur, on the allegation that on 18-12-2000 Food and Civil Supply Officer, M. K. Singhai inspected the shop, Vikram Cement, 43 A. B. Road, Shajapur, in presence of witness Manoj Mundra, accused No. 1 of the case, Depot In-charge, who was present at the time of such inspection, other officers of the food department were also present. On inspection, it was found that cement was being sold from that depot at unreasonable rates. The rate list of the same was not exhibited at the time of inspection for that date, there was a rate list available in the depot, which was of 16-12-2000. Stock register was also found incomplete, and it was found that from that shop cement was being sold @ Rs. 126/per bag and Rs. 128/- per bag, whereas its rates were Rs. 111/- and Rs. 113/- per bag respectively, and thereby profit of Rs. 15 per bag was illegally collected by that company. In the complaint it has also been stated that as per the provisions of M. P. Essential Commodities (Exhibition of Prices and Price Control) Order, 1977 (hereinafter for short referred to as 'the M. P. Control Order, 1977'), it was necessary for the dealers to exhibit price list at the shop and to charge fix price of the commodities, but cement was being sold at higher rates and in that way Rs. 14,53,956/- were illegally earned by the company.

(3.) PRESENT petitioner was the Vice President of the Vikram Cement Factory, therefore, he was also found equally responsible and he was also added as an accused in the complaint. It was stated in the complaint that present petitioner as well as accused Manoj Mundra violated Clauses 3, 4, 5 and 6 (1) of the M. P. Control Order, 1977 and thereby committed an offence punishable under Section 3/7 of Essential Commodities Act, 1955.