AJIT SINGH BOTHRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THESE applications, all under Section 482 of the Code of Criminal Procedure, 1973, originally came up for hearing before a single Judge who referred the matter to the Division Bench as they involve substantial questions of law. The questions of law in all these petitions are common. This judgment of ours, therefore, will dispose of all of them. It will be sufficient if the facts of only one case, namely, Criminal Revision No. 150 of 1977 are stated.

(2.) THE material facts, in brief are that the petitioner is a partner of a firm carrying on business at Fancybazar, Gauhati. It deals in, among other things, molasses and gur in buying, storing and selling these commodities meant for cattle feed. For this purpose the firm imports molasses and gur from whole -sale dealers and commission agents of various places of Uttar Pradesh and stores the same in its godowns. On 4.2.1977 the firm received a notice issued by the Inspector of Excise, Gauhati, asking it to furnish a daily return to the Superintendent of Excise, Gauhati. showing daily sale of rab gur with effect from 5 -2 -77. On 5 -2 -77 the Inspector of Excise, aforesaid, seized from the petitioner firm 6540 tins of rab gur, each containing 25 Kgs. approximately. The gur was allowed to be retained by the firm on execution of a Jimmanama by the petitioner. The petitioner was served with yet another notice dated 10 -2 -77 (Annexure C) directing him to "stop bringing consignments of molasses and rab gur from now on without being authorised by the Molasses Controller, Assam, who is the Commissioner of Excise, Assam, Gauhati -1". Thereafter the Inspector of Excise, Gauhati, filed an offence report dated 2 -4 -77 against the petitioner firm in the Criminal Court at Gauhati whereupon criminal Case No. 561 C/77 was registered. Summons was issued to the petitioner. The petitioner, therefore, has filed this application for quashing the criminal case.

(3.) THE offence report is for prosecution of the petitioner firm represented by the active partners for "violation of the provision of Molasses Control Order 1961 read with Section 18 -G (2) (b) of the Industries (Development and Regulation) Act 1951, punishable under Section 24 of the Industries (Development and Regulation) Art, 1951", for "unlawful possession of Molasses Rab without permit".