BANSWARA SYNTEX LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed under Sec. 482 Cr. P.C. whereby the petitioners have prayed that FIR Nos. 22, 43, and 49 of the year 1993 registered at Police Station, Banswara against them be quashed and respondents be directed not to proceed further on the basis of those FIRS.

(2.) Petitioner, Banswara Syntex Limited, is a Company and has its factory at Banswara for the manufacture of Synthetic blended yarn. Petitioners No. 2 to 6 are its Executive Director, Chairman and Managing Director, Vice President, Factory Manager and Cost and Production Controller respectively.

(3.) Now briefly the facts. By notification dt. 29-3-90 (Annex. 1) read with notification dt. 11-5-90 (Annex. 2) and notification dated 17-5-90 (Annex. 3), the Textile Commissioner, Bombay issued directions that every producer of yarn shall pack yarn for civil consumption in hank yarn form in each quarterly period commencing from April/June, 1990 and every subsequent quarterly period in proportion of not less than 50% of total yarn packed by him during each quarterly period for civil consumption. Aforementioned notification further provided that not less than eighty percent of the yarn required to be packed in hank form shall be of counts 40s and that the obligation to pack bank yarn pertaining to a particular quarterly period could be fulfilled before the end of month succeeding such period to which the obligation pertained. Those notifications were issued by the Textile Commissioner in exercise of the powers conferred on him by Clause 16 of the Textile (Control) Order, 1986 (in short, 'the Order 1986'.). The Order, 1986 was issued u/S. 3 of the Essential Commodities Act, 1955 (hereinafter referred-to as the Act of 1955'). The directions issued by notifications Annexs. 1, 2 and 3 came into force on 1-4-90 and were to continue in force till 31-3-95.