N. Ramachandran and another vs State, by Sub Inspector of Police, Civil Supplies

T. Jayarama Chouta, J.—In this Criminal Original Petition filed u/s 482 Cr.P.C., the Petitioners who are accused 2 and 3 in S.T.C. No. 16 of 1992 pending on the file of the Special District and Sessions Judge, Essential Commodities Act cases, Madurai have challenged the proceedings and asked for quashing the same.

The materials which are necessary for the disposal of the Criminal Original Petition are that charge sheet has been filed against the Petitioners and two others before the Special District and Sessions Judge, Essential Commodities Act cases, Madurai for the contravention of Sections 3 and 5 of the Tamil Nadu Scheduled Articles (Prescription of Standard) Order 1977 punishable u/s 7(1)(a)(ii) of the Essential Commodities Act read with 34 of the Indian Penal Code.

The allegations in the complaint are that the Petitioners were partners of one R.K. Fuel Service and the Sub Inspector of Police, Civil Supplies, C.I.D. on 6.7.1990 at 3:00 p.m. went to the premises of the first accused company and intimated to the salesman his intention to take samples of petrol and purchased two list of petrol from the premises and the samples were taken and sent for analysis. In the analysis, it was found that the samples does not conform to IS 2796-1971 including Amendment II/84 with respect to sulfur content list only and hence it was alleged that the petrol was adulterated. The Court took cognizance and issued summons to the accused. The said proceedings has been questioned by the accused 2 and 3 in this petition.

Number of grounds have been raised by the Petitioners in this Criminal Original Petition. One of the grounds raised by the learned Advocate for the Petitioners is that the Tamil Nadu Scheduled Articles (Prescription of Standards) Order 1977 is a State Government Order passed by the Food Department in G.O. Ms. No. 180 Food, dated 20.8.1977. The power to pass such an order is derived from Sections 3 and 5 of Essential Commodities Act, 1955 (Central Act 10 of 1955). Section 3 of the Essential Commodities Act empowers the Central Government to make an order providing for regulating and maintaining the production and distribution of essential commodities. Section 5 gives power to the Central Government to delegate the power to the State Government. The Central government in exercise of its powers u/s 5 of the Essential Commodities Act delegated the power to make orders regarding certain essential commodities in its notified order GSR No. 316(E) dated 20.6.1972. By virtue of this order the Central Government had directed that the powers conferred on it by Sub-sectional of Section 3 be exercised by the State Government in relation to food stuffs subject to certain conditions. From this it is clear that the power to make orders regarding certain essential commodities was delegated by the Central Government to the State Government and the State Government had acted on that power and prescribed standards for certain food stuffs. Under Articles 77 of the Constitution of India all actions of the Central Government shall be taken in the name of the President and all orders and instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in the rules to be made by the President and the President shall make rules for the convenient transaction of the business of the Central Government.

The Petitioners have questioned the power of the State Government to introduce petrol and diesel as Items 7A and & B which are not foodstuffs, in Schedule I of the Tamil Nadu Schedules Articles (Prescription of Standards) Order, 1977 by virtue of the power conferred by GSR No. 316(E) dated 20.6.1972 which covers only food stuffs and as G.O. Ms. No. 218 dated 1.3.1988 was issued by the Food and Consumer Protection Department of the State.

Learned Advocate for the Petitioners has invited my attention to the decision of this Court in Crl.O.P. Nos. 5679, 6699, 6701, 7453, 8392 and 10749/91 dated 22.2.1944 (A.R. Damodara Mudaliar & Co., rep. by its Partner A. Harikrishnan Petitioner in Crl.O.P. No. 5679/91; A. Damodara Mudaliar & Co., rep. by its Partner Andal Damodaran - Petitioner in Crl.O.P. No. 6699/91; K.P. Pannirselvam Firm, rep. by its Partner-Petitioner in Crl.O. P. No. 6701/91; K.P. Pannirselvam and Anr., Srivasavi Enterprises, Prop. Tyari S. Karuppiah - Crl.O.P. No. 7453/91 N. V. Bashyam Reddy & Co. - Petitioner in Crl.O.P. No. 8392/91; R. Narayanasamy & K.N. Athinarayana Reddy - Petitioner in Crl.O.P. No. 10749/91 v. Inspector of Police, Civil Supplies, C.I.D., South Arcot District, Cuddalore 2 - Respondent in Crl.O.P. No. 5679, 6699, 6701, 7453 & 8392/91; State, Inspector of Police, Civil Supplies, C.I.D., South Arcot District - Petitioner in Crl.O.P. No. 10749/91), in which similar point arose and the court was pleased to allow the said petitions and quashed the proceedings. Since the present petition is also one such, following the decision referred to above, I allow this criminal original petition and quash the proceedings pending almost the Petitioners in S.T.C. No. 16/92 on the file of the Special District and Sessions Judge, Essential Commodities Act cases, Madurai.