RAMESWAR AGARWALLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this criminal revision the accused petitioners pray for stopping the further investigation of a criminal prosecution pending against them and quashing the proceeding. The petitioners are the owners and directors of M/s. Banshidhar Agarwal & Co., which are the proprietors of M/s. Chinsurah Cold Storage. They have a refrigeration plant for storing potatoes and other perishable goods on receipt of rent.

(2.) The petitioners state that for the purpose of keeping the potatoes in safe condition they require colouring powder (called alamati in Bengali). It has been stated that on 11.2.80 one S.I. of D.E.B., Hooghly, visited the cold storage along with the other police personnel and Seized 37 bags of alamati taking them to be bags of cement and subsequently filed an F.I.R. with the Chinsurah police station alleging that the petitioners had violated the provisions of paragraph 3(1) of the West Bengal Cement (Licensing and Control) Order, 1979 and was thereby liable for prosecution under section 7 (1) (a) (ii) of the Essential Commodities Act, 1955.

(3.) In this case the F.I.R. was lodged on 19.1.81 and according to the petitioners they appeared before the Magistrate on 5.2.81 and were granted bail. It is stated that since then no charge-sheet has been filed by the police.