Kamla Sahai, J.

1. The Additional Sessions Judge of Saran at Chapra has made this reference under Sec. 438 of the Code of Criminal Procedure for quashing the order whereby petitioner Sri Ram Dalmia has been summoned to stand his trial for an offence under the Essential Commodities Act, 1955 , read with the Sugar Control Order.

2. There is a mill called Vishnu Sugar Mills Ltd. at Harakhua under Gopalganj Sub-division of Saran District. The Cane Inspector of Gopalganj filed a complaint on the 23rd September 1958 against S.C. Choudhary, alleging that the accused was the Manager of the Mill, and that the Mill had released sugar between the 19th January and the 31st July, 1957, in excess of release orders issued to it, On the 26th May, 1959, the Public Prosecutor filed an application before the Magistrate praying for several other Persons being summoned. The learned Magistrate passed an order on the same date summoning the persons mentioned in. the Public Prosecutors applications. The petitioner is one of those persons, and he is admittedly a Director of the Vishnu Sugar Mills Ltd.

3. The point which Mr. Nageshwar Prasad has urged on behalf of the Petitioner is that there is no