SHRILAL BAJORIA Vs. STATE

JUDGEMENT

(1.) This is an application in revision for quashing a proceeding being D.E.B. G.R. Case No.23 of 1983 under Section 7(1) (ii) of the Essential Commodities Act, 1955 for violation of paragraph 3(1) and 3(2) of the West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977 pending before the learned Judge, Special Court, Midnapore.

(2.) The three petitioners are the partners of M/s. Shri Krishna Oil Mill at Tantigaria within Kotawali Police Station, Midnapore. On 27.4.83 some Officers of D.E.B., Midnapore along with police personnel held a raid in the business premises of the said firm at Tantigaria. On physical verification the raiding party found a stock of 185 tins of Vanaspati in the godown of the said firm but the same was not displayed in the stock-cum-rate Board. The petitioners were prosecuted under Section 7(1) (a) (ii) of the Essential Commodities Act for violation of the provisions of para. 3(2) of the West Bengal Declaration of Stocks and Prices of the Essential Commodities Act.

(3.) Mr. Roy, learned Counsel appearing for the petitioners, has not pressed the petition so far as the petitioner No.3 Keshardeo Bajoria is concerned. He was found actually transacting the business. It has been urged that there is not even a whisper nor a shred of evidence nor anything to show, a part from the presumption drawn by the complainant, that there is any act committed by petitioner Nos. 1 and 2, the other partners of the firm, from which a reasonable inference can be drawn that they could also be vicariously liable. It has been contended that there is no allegation whatsoever nor there is any material to show that the case of petitioner Nos. 1 and 2 falls, within the scope of sub-section (1) or sub-section (2) of Section 10 of the Essential Commodities Act, 1955.