(1.) Accused of an offence punishable under section 7 of the Essential Commodities Act, 1955 (for short, the TAct) for contravention of clause 3 of the Orissa Declaration of Stocks and Prices of Essential Commodities Order, 1973 (hereinafter called, the Order) in the court of the Judicial Magistrate, First Class, Sambalpur, in 2(c) C.C. No. 50 of 1982, the petitioner invokes the inherent jurisdiction of this Court exercisable under section 482 of the Code of Criminal Procedure (for short, the TCodeT) to quash the criminal proceeding as being. illegal and misconceived.
(2.) Three Inspectors of Supplies, namely, Bipin Bihari Supakar, who has submitted the prosecution report, Janmejaya Panigrahr (P. Wi) and Prasanta Chandra Supakar (P.W. 2) visited the shop of M/s Budhlal Pritam Chand of which the petitioner is said to be the proprietor on November 25, 1981 and seized some commodities as per the seizure list (Ext.2) as the petitioner, it was alleged, had committed an offence under section 7 of the Act for contravention of clause 3 of the order and clauses 4 and 6 of the Kerosene (Fixation of Ceiling Prices) Order, 1970. In the prosecution report, the allegation is that tile shop keeper had not shown the stock position and retail selling rates of white paper and kerosene oil in the board displayed in his shop. The further allegation is that the petitioner had obtained a valid registration certificate for dealing in .retail business of kerosene oil, but on inspection of his kerosene stock account, it was noticed that he had not maintained it up-to- date. He had thus violated clause 3 of the order and clauses 4 and 6 of the Kerosene Fixation of Ceiling Prices order, J 970, as alleged in the prosecution report.
(3.) The petitioner was prosecuted and after the examination of three witnesses for the prosecution, a charge was Framed as follows: That you on or about the 25.11.81 at Sasan had a grocery shop and that did nut display the stock position and the selling rate of white paper contravening cI. 3 of Orissa declaration of stocks and prices of B. Commodities Order 1973 and there, by committed an offence punishable under section 7 of the E. Act and within, my cog, and I hereby direct that you be tried on the said chargesT