IMPORTANT POINT
Written report of the facts constituting the offence constitutes a precondition for cognigance being taken under Essential Commodities Act, 1955.

JUDGMENT

K. L. Shrivastava, J. - This revision petition is against the order dated 5.3.1983 passed by the Sessions Judge, Indore in Criminal Case No. 80 of 1984 whereby it has been directed that charge under section 7(I)(a)(ii) read with section 3(2)(i) of the Essential Commodities Act" 1955 (for short 'the Act') for not exhibiting the price list of oil as defined in Clause 2(c) of the M.P. Motor Spirit and High Speed Diesel Oil (Licensing and Control) Order, 1980 (for short 'the Order') containing opening balance and the price, has to be framed.

2. Circumstances giving rise to this revision petition are these. The petitioner Tara Chand holds licence for sale of oil which according to the definition means motor spirit and high speed diesel oil. He runs his business under the name and style of 'United Allto Service, Rall' district Indore. The other petitioner Yusufali is the salesman employed by him. On 3.5.1982, the Assistant Food Officer Indore, on inspection found that (1) stock register was not filled after 1.5.82 (2) no sale register was "maintained, (3) on meter reading 34 litres of diesel was found in excess and (4) bills were issued on 3.5.82 for adjustment of the stock.

3. On the aforesaid allegations a report was lodged with the police which has, on 196.84 prosecuted the applicants in respect of the offence under section 3/7 of the Act.

4. The learned Sessions Judge trying the case passed the impugned order.

5. The contention of the petitioner's learned counsel in the court of Session was that the allegations do not constitute any offence and at any rate the offence against the petitioners falls under section 7(1)(a)(i) of the Act which is punishable with imprisonment for a term of one year and the prosecution launched on 19.6.84 is time barred in view of the provision embodied in section 468 of the Criminal Procedure Code, 1973 (for short 'the Code').

6. According to the prosecution the allegations against the petitioners constitute offence under section 7(1)(a)(i) of the Act which is punishable with imprisonment for ten years and the prosecution is not time barred.

7. The learned Sessions Judge has prima facie found that price list with opening balance was not exhibited as required by Clause 3(1) of the Order and thereby offence punishable under section 7(1)(a)(ii)of the Act appears to have been committed.

8. The point for consideration is whether the revision petition deserves to be allowed.

9. In exercise of the powers under section 3 of the Act, with the object of maintaining supplies and securing availability of oil at fair price, the State Government of M.P. made the Order referred to above. In section 2(c) of the Order 'oil' is defined as under:

"Oil" means any of the Oil specified below:

(i) Motor spirit; of

(ii) high speed diesel oil"

Prior to the inspection dated 3.5.82 the Order was amended vide notification No. 2782-6870-XXIX-(2)-82 dated 15.4.82. Amended sub Clause (4) of Clause 3 reads as under:

"Every dealer shall maintain true and correct accounts of purchase, sale and storage or oil at his business premises, to be written up within two days (excluding holidays) from the date; of transition, showing:

(a) the opening stock of the day;

(b) the quantity received during the day;

(c) the quantity sold, delivered or other wise;

(d) the closing stock of the day; and

(e) such other particulars as an Authorised officer may, by order in writing, specify. "

10. Clause 4 of the Order provides for issue of licence in Form-B and by the aforesaid amendment, condition 3 (iii) of the licence is in these words:

"The licensee shall complete his accounts for each day within two days (excluding holiday) from the date of transaction, unless prevented by reasonable cause the burden of proving which shall be upon him."

11. It has not been disputed that accounts in respect of 1.5.82 were duly filled in and that 2.582 was a holiday and there is no question of