HAD PRASAD AGARWAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this petition, the petitioner has impugned the order dated 22/12/1982 passed in G.R. Case No.3 of 1981. By the aforesaid order, the learned Chief Judicial Magistrate framed charge against the present petitioner under Section 7 of the Essential Commodities Act, 1955, for short Act of 1955 and section 420, I.P.C. However, two other accused persons against whom charge-sheet was filed were discharged.

(2.) The petitioner herein filed an application in the prescribed form for allotment of canalised items by the canalising Agencies for allotment of 100 M.T. per annum of TG.P. Sheets in coils 30 BWG to 34 BWG in 900 mm. The application form is at Annexure-A. In column 2 (vi) the petitioner gave an undertaking to the effect that he understood that he might be liable to be prosecuted under the provisions of the Imports and Exports (Control) Act, 1947 for short Act of 1947. The canalising Authority namely, Steel Authority of India cleared the application for import of TG.P. Sheets in coils. The letter and the licence issued by the said authority are available at Annexure-B to the present petition. The petitioner has approached this Court for setting aside the above order of the learned Chief Judicial Magistrate and also for quashing the entire criminal proceeding.

(3.) Mr. Bhattacharyya, learned counsel for the petitioner has urged that as only galvanised sheets both plains as well as corrugated only have been included in the first schedule to the Iron and Steel (Control) Order, 1956 framed under the Act of 1 955 and not galvanised sheets in coils forms the present prosecution is not maintainable. Mr. Bhattacharyya has further urged that reading the application for allotment submitted by the present petitioner and also the alltoment order by the Steel Authority of India Ltd., the present prosecution under the Act of 1955 is hit by Doctrine of Circumvention and as such the entire proceeding is illegal.