VIJAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of the First Information Report as well as the charges framed against the petitioners.

(2.) THE petitioners alongwith one Mohan Kumar are facing trial for the offence under Section 7 of the Essential Commodities Act on the allegations that their company by the name of M/s Punjab Lime and the Chalk Industries is manufacturing cement in defiance of the provisions of the Cement (Quality) Control Order, 1962, read with Section 3 of the Order which prohibits manufacture, sale etc. of cement which is not of the prescribed standard. It is alleged that the company of the petitioners does not have any licence to manufacture cement as well as sale of sub-standard cement on the date when inspection was made of the premises of the company.

(3.) IT is mainly contended on behalf of the petitioners that in the complaint it is no where mentioned if the petitioners have anything to do with the manufacture or running of the affairs of the company. The learned counsel has referred to proviso to sub-section (1) of Section 10 of the Essential Commodities Act (for short "the Act"), which reads as under :-