KRISHNA GYANODAY SUGARLTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Sec. 482 of the Code of Criminal Procedure to quash the order taking cognizance dated 3 -10 -1980 in case No. 236/c of 1980 by the Sub -divisional Judicial Magistrate, Bagaha at Bettiah by which cognizance under Sec. 7 of the Essential Commodities Act read with Sugar (Control) Order, 1966 has been taken.

(2.) A complaint was filed by the District Supply Officer, Paschim Champaran, Bettiah. It was, in fact, a complaint prepared by the Deputy Director (Sugar Technical) Government of India, Ministry of Agriculture and Irrigation (Department of Food), Directorate of Sugar, Krishi Bhawan, New Delhi against the petitioner for the contravention of the provisions of Sugar (Control) Order 1966 with this allegation that the petitioner is a manufacturer of sugar and the Inspector Sugar on 27 -9 -1975 when visited the godown of the petitioner took nine samples of sugar certified to be true representative samples from the stock In the factory godown. Out of nine samples five samples were forwarded to National Sugar Institute, Kanpur for determining its Indian Sugar Standard and it was found by the said Institute that two of them were different than what was marked on the sample. It was, therefore, alleged that the petitioner company had violated clause 4 (i) of the Notification of the Government of India, Ministry of Food and Agriculture, dated 14 -4 -1970, a copy of which was annexed with the complaint -petition.

(3.) The contravention in question alleged against the petitioner rests on clause 5 of the Sugar (Control) Order, 1966 which is an order issued under Sec. 3 of the Essential Commodities Act, Clause 5 of the Sugar (Control) Order, 1966 provides that the Central Government may, from time to time, by general or special order, issue Order and directions to the producers regarding the production, maintenance of stock, storage, sale, grading, packing, marking, etc. of any kind of sugar. In pursuance of the power given under that clause 5 of that Order, the Central Government had issued a direction in the form of Sugar (Packing and Marking) Order, 1970 on 14 -4 -1970, one of the clauses of which runs like thus which is either Clause 4(1) or 3(1) of the said Order: