Judgment

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 judgrnent and order of a learned Single Judge of the Patna High Court dated August 14, 1969 quashing. on revision under Sections 439/561-A, Cr. P. C., the prosecution of Bhagirath Sharma and Radhey Shyam Sharma, the respondents in this Court, for contravention 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.

2. According to the prosecution case, on receipt of confidential information that the proprietor of M/s. Auto Spare, Law Road, Gaya, was not 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. One of those irregularities was the failure of the firm to display the price list and stock positio