Judgment

DUA, J.: These two appeals by special leave are directed against the order of a learned single Judge of the Bombay High Court dated February 26, 1970 setting aside the order of discharge dated April 29, 1969 made by the Chief Presidency Magistrate, Bombay in case No. 121/P of 1969 under S. 120-B. I.P.C. read with S. 7. Essential Commodities Act and S. 7 of the said Act against the appellants. In the trial court there were four accused, (accused no 1 being Messrs. Century Spinning and Manufacturing Co., Ltd., Bombay, running textile mills manufacturing cotton textiles, and the other three being respectively, the President of the Executive Committee of the Mills who is in over-all charge of production, the Vice-President (Works) controlling the production of cloth manufactured by the mills and authorised to sign statutory returns required to be submitted by the mills to the Textile Commissioner and other authorities, and the Resident (Executive) of the two companies (M/s. Udyog Services Ltd., and M/s. Shree Services & Trading Co). which were working as a liaison agency between the textile mills, the first accused, and the Textile Commissioner at the material time, i.e. betwee