Calcutta High Court (Appellete Side)
Preksha Kankaria & Anr vs The State Of West Bengal on 13 February, 2023
13.02. 2023
item No.41
n.b.
ct. no. 551 CRR 2174 of 2018
With
IA CRAN 4 of 2020 (Old No. CRAN 266 of 2020)
Preksha Kankaria & Anr.
Vs.
The State of West Bengal
Mr. Soubhik Mitter,
Mr. Soham Bandyopadhyay,
Mr. Aditya Chaturvadi,
..... For the Petitioners.
Mr. Narayan Prasad Agarwala,
Mr. Pratick Bose,
.... For the State.
This is an application under Section 482 of the Code of
Criminal Procedure for quashing of a proceeding being EB G.R. No.
06 of 2014 arising out of Beniapukur Police Station Case No.52 of
2014 dated 12.2.2014 under Section 7(1)(a)(ii) of the Essential
Commodities Act, 1955 read with Section 120B of the Indian Penal
Code, 1860 pending before the Court of Learned 3 rd Judicial
Magistrate, Sealdah, South 24 Parganas.
The brief fact of the case is that the instant case was
initiated by one, Tapan Goswami, Sub-Inspector of Police, Fuel
Section, Enforcement Branch containing, inter alia, in a written
complaint that the present petitioners had entered into criminal
conspiracy and were running the illegal business of Lubricating Oil
by way of storing and selling the same to the public, thereby
violating the provisions of Para 2(h), Paras 3, 14 and 18 of the
Lubricating (License Control) Order, 1967 without having any valid
2
documents and hence committed offences punishable under
Sections 120B of the IPC and Section7(1)(a)(ii) of the Essential
Commodities Act, 1955. On the basis of the aforesaid written
complaint, Veniapukur Police Station Case No.52 dated 12/2/2014
was initiated and investigation was taken up by the police. After
completion of investigation police submitted charge-sheet being
charge-sheet no.158/14 dated 29.11.2014 under Section 120B of
the IPC and Section 7(1)(a)(ii) of the Essential Commodities Act,
1955. The present petitioners arrayed as an accused of the said
criminal proceeding filed this revision before this Court with a
ground that the Lubricating (License and Control) Order, 1967 has
been declared as ultra vires by the Hon'ble Court and the criminal
proceeding initiated and arising out of the violation of the said
order cannot be allowed to be continued.
Learned advocate for the petitioners cited a judgment
which was annexed with this petition as 'P-2' of the WP. No.2116 of
2000 between Lubricating Oil Dealers' Association and Anr. Vs.
Union of India and Ors. The Judgment was delivered on
14.7.2017
. The para 32 of the said judgment is reads as follows:-
"32. To conclude, the delegation of power to make Licensing
Order, 1967 by the State has not been proved. The provisions in the
Licensing Orders are not in tune with the object of the E.C. Act.
Those are not in tune even with the object stated in the order itself.
The object stated in the order has become irrelevant in view of the
radical change of the scenario and as such the purpose no more
exists today. The Licensing Order have imposed some unnecessary,
unreasonable and illegal conditions in the trade of lubricating oil
which are violative of the provision in Article 19(1)(g) of the
Constitution of India. So, for this reasons and decisions mentioned
above, the West Bengal Lubricating Oil Licensing Order, 1967 is
hereby declared ultra vires the provisions of the Essential
Commodities Act, 1955 and such not enforceable in law."
Learned advocate for the petitioners further submits that
the order passed by the Hon'ble Court has not been reversed/set
aside by the Hon'ble Apex Court or by the Division Bench of this
Court, so he submits the same judgment is regarded as a good law
till today. So the criminal proceeding initiated against the present
petitioner on the basis of violation of the said control order cannot
be allowed to be continued. So he prayed for quashing.
Learned advocate appearing on behalf of the State
submitted by this Court that the present status report has collected
and it was submitted before the Court that the proceeding is still
continuing before the learned Court. He further submitted before
this Court that it is true that the said order of Hon'ble Court has
not been challenged or has not been reversed by order of any higher
or Apex Court; so, necessary order may be passed.
Heard the learned advocate, perused the order passed by
this Court in W.P. 2116 of 2000 para 32 is crystal clear and
Hon'ble Court is of the view that the West Bengal Lubricating Oil
License order, 1967 is hereby declared as ultra vires the provisions
of Essential Commodities Act, 1955 as such not enforceable in law.
I am at per with the view of the Hon'ble Court in W.P. No.2116 of
2000.
I have perused the entire judgment and I have also
perused the FIR annexed with this petition. The submission of the
learned advocate for the petitioners have substance, and the
further continuation of the proceeding against the present
petitioners would amount to abuse of process of law.
Accordingly, there is merit to entertain this instant
criminal revisional application. It is a fit case where this Court may
invoke its inherent power under Section 482 of the Code of
Criminal Procedure to quash the proceeding.
As a result thereof, the criminal proceeding being, EB G.R.
No. 06 of 2014 arising out of Beniapukur Police Station Case No.52
of 2014 dated 12.2.2014 under Section 7(1)(a)(ii) of the Essential
Commodities Act, 1955 read with Section 120B of the Indian Penal
Code, 1860 pending before the Court of Learned 3 rd Judicial
Magistrate, Sealdah, South 24 Parganas is hereby quashed.
The interim order, if any, passed earlier by this Court is
also hereby vacated.
Connected CRAN applications, if any, are also disposed of.
All parties shall act on the server copy of this order duly
downloaded from the official website of this Court.
(Subhendu Samanta, J.)
