VED KUMARI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners are Directors of Messrs Bhatinda Chemicals and Vanaspati Mill Private Ltd., Bhatinda. The premises of the Company were inspected by the Food and Supplies Inspector at about noon time on June 18, 1983. The Inspector detected the following two irregularities.

(2.) AS per Stock Register, the Party was having a balance of 237 quintals 45 Kgs. Mustard (Sarson) whereas it was found to be 240 quintals 90 Kgs. i e. 3 quintals 45 Kgs. in excess. The party thereby violated Clause 14 of the Control Order. The matters were reported to the police and F.I.R. No. 262 dated June 18, 1983, under section 7 of the Essential Commodities Act was registered. After the completion of investigation, the petitioners were challaned. The Additional Sessions Judge, Bhatinda, vide order dated May 25, 1984, directed the petitioners to be charged. The following charge has been framed against the petitioners :

(3.) THE learned counsel for the petitioner has argued that Rajinder Mittal, Managing Director of the Company had stated at the time of inspection that the stock position was not exhibited at the entrance of the Company and it should not be inferred there from that the stock position was not exhibited at any other prominent place of the business premises. The contention is without merit. The evidence for and against the party cannot be examined in proceedings under section 482, Criminal Procedure Code. It is obvious that the complaint of the Food and Supplies Inspector does reflect the violation of the provision contained in Clause 15 of the Control Order.