the irregularities discovered by the Marketing Officer and the seizure of the stock of Motor Tyres, it was felt that prima facie case had been made out against the partners of the said firm, Shri Bhagirath Sharma and Shri Radhey Shyam Sharma, respondents in this Court, for companytravention of clauses 3, 4 and 5 of the Order.
One of those irregularities was, the failure of the, firm to display the price list and stock position of Motor Tyres anywhere in their shop, in companytravention of clause 4 of the order.
P.C. A learned Single Judge of the High Court after referring to the two relevant items Nos.
a huge stock of Motor Tyres of different varieties numbering 487 were actually found stored in the inner portion of the shop.
Appeal by certificate from the judgment and order dated August 14, 1969 of the Patna High Court in Criminal Revision No.
lit is against this order of the Magistrate that the respondents in this Court approached the Patna High Court under ss.
Case No.
Complaint to that effect was accordingly made in the Court of the Sub Divisional Magistrate on May 23, 1969.
5 even according to the learned Single Judges own view companyld number companyer the Motor Tyres and Motor Tubes.
1 5 of Schedule 1 appended to the Order felt bound by an earlier Single Bench decision dated April 20, 1969 of that High Court in Criminal Misc.
The Judgment of the Court was delivered DUA, J. The State of Bihar has appealed to this Court with a certificate of fitness under Article 134 1 c of the Constitution from the judgment and order of a learned Single Judge of the Patna High Court dated August 14, 1969 quashing, on revision under ss.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
7 of 1970.
439/561 A, Cr.
Reference in that judgment was also made to a Notification dated August 22, 1968 No.
On search by the said Marketing Officer.
S.Q. 2878 issued by the Central Government in which similarly Tyres and Tubes of Cars, etc.
According to the prosecution case, on receipt of companyfidential information that the proprietor of M s. Auto Spare, Law Road, Gaya, was number properly maintaining the account of Motor Tyres, with the ulterior motive of withholding the supply of the said article to the genuine customers, Shri Ram Nivas Singh, Marketing Officer, Gaya, had, along with two supply Inspectors, made a surprise inspection of the firm on May 22, 1969 and found certain irregularities.
S.C.218 issued by the Ministry of Commerce, Government of India in which Types and Tubes of Scooters were expressly mentioned as essential companymodities distinct from the companyponent parts and accessories of automobiles.
On the same date, the Sub Divisional Officer, Sadar, Gaya after pursuing the report of the Marketing Officer, took companynizance of the case under S. 7 of the Essential Commodities Act and transferred it for disposal to the Court of Shri N. N. Singh, Munsif Magistrate, 1st Class, Gaya.
Sarjoo Prasad and S. N. Prasad, for the respondents.
1055 of 1969.
P.C., the prosecution of Bhagirath Sharma and Radhey Shyam Sharma, the respondents in this Court, for companytravention of clauses 3, 4 and 5 of the Bihar Essential Commodities Act other than Foodgrains Prices and Stocks Display and Control Order, 1967 hereinafter called the order , pending in the Court of the Sub Divisional Magistrate, Gaya.
P. Jha, for the appellant.
439/561 A, Cr.
In view of.
were specifically mentioned as essential companymodities, and to a still later Notification by the Central Government dated January 3, 1969 No.
1479/68, reference was made to a Notification dated January 11, 1968 No.
