CHINMOY SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Rule has been issued for quashing the proceedings in a case, being G.R.E. 485 of 1979 (T. H31 of 1980) in the Court of the Judicial Magistrate, 1st Court Barrackpore.

(2.) It appears that at about 8.45 A M. on 8th October, 1978 there was a raid on a gool manufacturing factory styled as Ma Bagala Fuel Manufacturing Company at 69A, Mondal Para Lane, Sinthy, Calcutta-50 by some officers of the Enforcement Branch. The accused petitioner No.1, the proprietor of the company, was not then present. The accused petitioner No.2 was present at the place. In his presence 1 ton coal dust, 1 ton gool prepared from coal dust and one trade licence No. 730 dated 8-1-79 issued by Baranagore Municipality were seized by the officers of the Enforcement Branch as there was no display of the stock and the rate board in the premises and as the petitioner No. 2 could not show any licence for selling gool. Ultimately, charge-sheet was filed in the case and a charge was framed by the learned Judicial Magistrate, 1st class, 1st court, Barrackpore on 17.6.81 against both the petitioners under section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for violation of paragraph 4 of the West Bengal Soft Coke Licensing Order, 1965 (hereinafter referred to as the Order of 1965) and paragraph 3(2) of the West Bengal Declaration of Stock and Prices of Essential Commodities Orders 1977 (stated shortly as Order of 1977). The charge was to the effect that on 8.10.79 at Ma Bagala Fuel Manufacturing Co. at 69A, Mondal Para Lane, P.S. Baranagore, the petitioner No. 1 as owner and the petitioner No.2 as employee of the shop exhibited goolT, prepared by dust and soft coke, without licence and without keeping accounts and without displaying the stock and rate board, thus violative paragraph 4 of the Order of 1965 and paragraph 3(2) of the Order. Order of 1977 and thereby committed an offence punishable under section 7(1) (a)(ii) of the Essential Commodities Act of 1955. The present revisional application has been filed for quashing the criminal proceeding on this charge against the two petitioners.

(3.) After hearing Mr. Basu, learned Advocate for accused-petitioners, and Mr. Roy, learned Advocate for the State. I am of the opinion that the proceedings in the case No. G.R.E. 485 of 1979 should be quashed for the following reasons: First, there is no question of violation of paragraph 3(2) of the Order of 1977. The Order of 1977 was passed by the West Bengal Government in accordance with a Notification issued by the Government of India, Ministry of Agriculture (Department of Food), bearing Order No. G.S.R. 316 (E) dated 20.6.72 by virtue of which power was delegated to the State Government under section 5 of the Essential Commodities Act, 1955 for passing the Order of 1977. It has been held by a Division Bench of this Court in the case of A.K. Jam v. State of West Bengal1 that the notification dated 20.6.72 only empowers the State Government to make orders to provide for matters in relation to food-stuff and as such the Order of 1977 could not be passed in relation to soft coke or other types of coal which were surely not food-stuff. In the present case, we are concerned with gool or briquettes, which are not also food-stuff. As gool is not a food-stuff, there is no violation of the Order of 1917.