INDRA DEVI AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this application under section 482 Cr. PC three petitioners have prayed for quashing the proceedings of Special Case No. 5/95 arising out of G. R. Case No. 10(11)/94 under section 7(1)(a)(ii) of Act X of 1955, as amended by the Act XVIII of 1981, for contravention of paragraphs 3 & 8 of the West Bengal Automobile Tyres & Tubes (Dealers' Licensing) Order, 1973 and paragraph 3(2) of the West Bengal Declaration of Stock and Prices of Essential Commodities Order, 1977 pending in the Court of ld. Judge, Special Court under the Essential Commodities Act at Siliguri.

(2.) The circumstances leading to the above application are that on 01.03.94 at about 4.30 p.m. during visit by Inspector A. Hai of DEB, Siliguri along with other officers of the shop-cum-office of M/s. Layak Udyog, Layak Bhavan, Hill Cart Road, Siliguri he found the firm carrying on business of tyres and tubes, and one Bikash Kar was running the shop. Nineteen pieces of tyres and tubes were found stored which along with documents were seized and the said Bikash was arrested, as he failed to produce license or stock and rate board for dealing in tyres and tubes. After completion of investigation chargesheet was submitted against seven accused persons including the present three female petitioners, on 09.12.94.

(3.) Before starting the business the working/managing partners of the firm on enquiry from the concerned authority came to learn that no license or permission was required to deal in the goods. The Assistant Secretary, Govt. of W. B., on query, by letter being No. 16247-AT/3M-195/87 dated 22.12.87 to the President of the Calcutta Tyres Dealers Association informed that the West Bengal Tyres and Tubes (Dealers' Licensing) Order, 1973, hereinafter referred to as the said order, is no longer in force which was confirmed by departmental correspondence by different authorities.