Shivanugrah Narain, J.

This is an application under Articles 226 and 227 of the Constitution for quashing the Bihar Shariff P.S. case no. 38 (8) 76 dated 17.9.1976 instituted against the petitioners on the basis of a written report filed by Shri R.S. Dwivedi Supply Inspector, Bihar Sharif, on which the police drew up a formal first information report and instituted the aforesaid P.S. Case no. 38 (8) 76. In this report Shri R.S. Dwivedi, Supply Inspector, Bihar Sharif, alleged that on 17.8.1976 at 11 A.M. he inspected the business premises of the petitioners in presence of the witnesses and found 441 Eveready torch dry battery cells in the shop but 101 dry battery cells had not been entered in the stock register and the stock position and the sale price of the torch batteries had not been displayed on the notice board. According to the report, the provisions of the Bihar Essential Commodities - other than Food-grains-Price and Stocks (Display and Control) ORDER :, 1967 and the Bihar. Essential Articles (Display of Price and Stocks) ORDER :, 1975 (hereinafter referred to as the 1975 ORDER :), Section 3 of the Essential Commodities Act, 1955 and Rule 114 of the Defence of Ind