V SATYANARAYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure, 1973 (in short the "Code") is directed against the Order dated 18-5-1987 passed in J. C. II, Case No. 1/87 by the Special Judge (E. C. Act), Jamshedpur, taking cognizance of the offence against the petitioners under Section 7 of the Essential Commodities Act (in short the "Act").

(2.) From the prosecution case, it appears that the Assistant District Supply Officer, Jamshedpur (O. P. No. 2) filed a complaint petition before the learned Special Judge (E.C. Act) against the present petitioners, who are the employees of M/s Tata Steel Workers Welfare Society, Jamshedpur, registered under the Societies Registration Act. The allegations against the petitioners were that they were charging Rs. 2.80 Paise for the exercise book of 192 pages, though its printed price was only Rs. 2.50 paise. Also they were charging Rs. 1.60 paise for the exercise book of 96 pages, though its printed price was Rs. 1.40 paise. In the written explanation submitted on behalf of the petitioneis before opposite party No. 2, it was pointed out that the Sales Tax @ 9%+1% (Additional Tax) was paid to the State of Bihar by them, even before the sale of the exercise books. However, opposite party No. 2 held that the Sales Tax only @ 6% would have been charged and, therefore, the petitioners bad violated clauses (15) and (16) of Bihar Trade (Licences Unification) Order, 1984 (in short the "Order"). Accordingly, it was submitted by opposite party No. 2 that they should be prosecuted under Section 7 of the Act. The learned Special Judge (E. C. Act), by the impugned order took cognizance of the offence and issued summons to the present petitioners.

(3.) In this petition, the petitioners have contended that in order to supply various articles to the consumers at cheaper rates, they were purchasing them from National Co-operative Consumers Federation of India Ltd., Calcutta and Patna, at a concessional rate Patna Office, however, they were charged Sales Tax @ 9%. Accordingly, they were selling the exercise books of 96 pages and 192 pages at Rs. 1.60 and Rs. 2.80 paise. At the time of the enquiry, the petitioners had pointed out to opposite party No. 2 that they are charging less inasmuch as in the market. The exercise book of 192 pages was costing Rs. 3 and the exercise book of 96 pages was costing Rs. 1.65 paise.