1. This is an application for quashing the order dated the 25th of May, 1973 passed by the Sub-divisional Magistrate, Buxar taking cognizance.

2. On the 24.04.1973 the Assistant District Supply Officer, Buxar made a surprise check of the firm of M/s. Laxmi Ram Amar Nath Prasad, which is a retail licensee under the Bihar Vanashpati Dealers Licensing Order, 1967. He noticed that the stock register made a mention of 163 tins of 16.5 Kilograms each whereas on physical verification there were only 161 tins. So far as the mustard oil tins were concerned he found that the stock register indicated 272 tins whereas on physical verification the stock was found to be 276 tins. It was also noticed that the dealer was issuing cash memos showing price of one tin of Dalda as Rs. 110.50 paise whereas he was obtaining price at the rate of Rupees 130.00 per tin. Accordingly, the Assistant District Supply Officer made a complaint saying that the licensee M/s. Laxmi Ram Amarnath Prasad had been violating provisions of the Bihar Vanaspati Dealers Licensing Order, 1967 and was cheating the purchasers and, accordingly, recommended prosecution under Section 7 of the Essential Commodities Act and S