Ajit Kumar Sengupta, J.

This revisional application is directed against the proceeding, initiated against the petitioner under s. 7(1)(a)(i) of the Essential Commodities Act, 1955 and under s. 403 of the Indian Penal Code.

2. Mr. Bose, learned Advocate appearing for the petitioner has not pressed his challenge in respect of the proceeding, initiated under the Essential Commodities Act. He has only confined his argument on the validity of initiation of the proceedings under s. 403 of the Indian Penal Code.

3. From the accusation made against the petitioner, it appears that he distributed rationed commodities to card holders who were subsequently found to have died before the rationed commodities were sold. On such accusation, the proceedings have been initiated under s. 403 of the Indian Penal Code. Mr. Bose has drawn our attention to the decision of the Full Bench of this Court in the case of Ghasiram Agarwala v. State reported in AIR 1967 Cal. 568. In that case the accused was a retailer, who by an agreement with the State Government entitled ‘Agreement for distribution of wheat through Fair Price Shops’ had agreed to sell wheat during shop hours to consumers within the zone