RAM DALMIA Vs. STATE

JUDGEMENT

(1.) The Additional Sessions Judge of Saran at Chapra has made this reference under Section 438 of the Code of Criminal Procedure for quashing the order whereby petitioner Sri Ram Dalmia has been summoned to stand his trial for an offence under the Essential Commodities Act, 1955, read with the Sugar Control Ordar.

(2.) There is a mill called Vishnu Saugar Mills Ltd. at Harakhua under Gopalganj Sub-division of Saran District. The Cane Inspector of Gopalganj filed a complaint on the 23rd September 1958 against S.C. Choudhary, alleging that the accused was the Manager of the Mill, and that the Mill had released sugar between the 19th January and the 31st July, 1957, in excess of release orders issued to it. On the 26th May, 1959, the Public Prosecutor filed an application before the Magistrate praying for several other persons being summoned. The learned Magistrate passed an order on the same date summoning the persons mentioned in the Public Prosecutor's applications. The petitioner is one of those persons, and he is admittedly a Director of the Vishnu Sugar Mills Ltd.

(3.) The point which Mr. Nageshwar Prasad has urged on behalf of the petitioner is that there is no allegation in the complaint petition, in the public Prosecutor's petition or in the evidence adduced before the Magistrate which can be taken as making out a case against the petitioner as a Director so that he may be put upon his trial, He has drawn my attention, in support of his argument to Section 10 of the Essential Commodities Act. On a perusal of that section, I am of opinion that his contention is right.