PEELAMEDU RAJESWARY Vs. B N MISRA

JUDGEMENT

(1.) THIS is an application under Section 561 -A of the Criminal Procedure Code to quash the prosecution against the petitioners, the first ten of whom are the members of the board of directors of the Jeypore Sugar Company Limited with its registered office at Rayagada in the district of Koraput. The petitioner No. 11 is the manager of the company and the last petitioner is the chemist employed by the company. The opposite party who happened to be the Civil Supplies Officer at Jeypore sent a prosecution report on October 21, 1971, to the Sub -divisional Magistrate at Rayagada alleging contravention of clauses 3 and 5 of the Sugar (Control) Order, 1966, and Clause 4(1) of the Sugar (Packing and Marking) Order, 1970, punishable under Section 7 of the Essential Commodities Act of 1955. On the basis of such prosecution report, the learned Magistrate has taken cognizance of the alleged offences.

(2.) IT is contended that the prosecution as against the petitioners is not sustainable and on the basis of the report, the learned Magistrate should not have taken cognizance at all. In exercise of powers under Section 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government made the Sugar (Control) Order, 1966, and the Sugar (Packing and Marking) Order, 1970, has been made in exercise of powers conferred by Clause 5 of the - Sugar (Control) Order, 1966. That order has. been referred to mainly because the alleged violation is of the Sugar (Packing and Marking) Order of 1970 which is made in exercise of powers conferred under Clause 5 of the Order of 1966. The substance of the offence alleged to have been committed as indicated in the prosecution report is :

(3.) IN the instant case the contravention is said to be by a company. Section 10 of the Act, therefore, applies. It provides: