RAKESH KUMAR, J.

1. In both the cases almost same point is involved and, as such, both the petitions were heard together and are being disposed of by a common Judgment.

2. In Cr.Misc.No.1341 of 1998 the petitioner, who was the proprietor of M/S Premier Paraffin , a registered factory , has prayed for quashing of an order dated 2.12.1997 passed by the learned 1st Additional Sessions Judge, Begusarai in Begusarai P.S. Case No.301 of 1995. By the said order, the learned Addl. Sessions Judge has explained accusation against the petitioner for the offence under Section 7 of the E.C. Act, read with Paraffin Wax (Supply, Distribution and Price Fixation) Order and under Section 414 of the Indian Penal Code and fixed the case for evidence.

3. In Cr.Misc.No.1393, the petitioner who was the proprietor of Shri Ram Industries, has prayed for quashing of an order dated 12.7.1997 passed by the learned Special Judge, E.C.Act, Begusarai in Begusarai P.S. Case No.300 of 1995. By the said order, the learned Special Judge has taken cognizance of offence under Section 7 of the E.C.Act read with Paraffin Wax (Supply, Distribution and Price Fixation) Order and Section 414 of the Indian Penal Code.

4. Short fact of the case is that on 14.10.1995 , an inspection was made by a team lead by the Sub-Inspector of Police in the factory premises of both the petitioners, resulting in seizure of huge quantity of slace wax and paraffin wax. On the basis of search and seizure of huge quantity of slace wax and paraffin wax, on the same date, F.I.Rs were registered for the offence under Section 414 of the Indian Penal Code. It was alleged by the informant that at the time of search , neither any document/ Register regarding said wax was produced nor at the time of search either of the petitioners arrived there to explain about the seized articles. In both the premises on search after finding huge quantity of wax without any document said wax were seized and thereafter F.I.R. vide Begusarai P.S. Case No.301 of 1998 and Begusarai P.S. Case No.300 of 1998 respectively for the offence under Section 414 were registered. After investigation, the police submitted chargesheet for the offence under Section 7 of the E.C. Act and Section 414 of the Indian Penal Code. Since in both the aforesaid cases, separate F.I.Rs were registered, investigation was conducted separately and separate chargesheet were submitted and, as such, the Court is not proposing to give details and dates regarding the chargesheet. After submission of chargesheet in Cr.Misc.No.1393 of 1993, learned Special Judge, E.C. Act vide its order dated 14.7.1997 took cognizance of offence under Section 7 of the E.C. Act, read with Paraffin Wax (Supply, Distribution and Fixation of Price) Order and Section 414 of the Indian Penal Code and summoned the petitioners for facing the trial.

5. Aggrieved with the order of cognizance, Ashok Tulsiyan @ Ashok Kumar Tulsiyan in Cr.Misc.No. 1393 of 1998 approached this Court by filing the present petition, which was admitted on 22.1.1998. While admitting, lower court record was called for and it was directed that in the meantime, further proceedings in the court below shall remain stayed.

6. In Cr.Misc.No.1341 of 1998, the petitioner Manoj Kumar Agrawal has prayed for quashing of an order dated 2.12.1997, whereby the learned 1st Addl. Sessions Judge, Begusarai has explained the accusation under Section 7 of the E.C. Act, read with Paraffin Wax (Supply, Distribution and Price Fixation) Order and Section 414 of the Indian Penal Code and fixed the case for evidence. The petition preferred by the petitioner was admitted on 22.1.1998. It was directed to be heard along with Cr.Misc.No.1393 of 1998. In the meanwhile, it was directed that further proceeding in the court below shall remain stayed and lower court record was also summoned.

7. In both the petitions, assailing the impugned orders / criminal proceeding, several grounds have been raised. In both the cases, petitio