The legal principle established is that the classification of a commodity as essential under the Essential Commodities Act and the existence of Control Orders are crucial factors in determining the applicability of the Act.

1. This application under Section 482 of the Cr. P.C. is at the instance of the accused and is for quashing of the proceeding which was started against him under Section 7(i) (a) (ii) of the Essential Commodities Act.

2. Upon information and on raiding it was found that this petitioner did not display the stocks and price of Cement and as such F.I.R. was lodged alleging offence' that he did not display the stock board and as such there was violation of Section 3 of the Essential Commodities Act which was punishable under Section 7(i) (a) (ii) of the Essential Commodities Act. Now the learned Advocate for the petitioner submits that Cement Control Act has since been rescinded and the same cannot be enforced under the Essential Commodities Act and so there was no necessity to keep the stock position displayed in the stock board and according to the learned Advocate there was no violation of Paragraph 3(2) of the West Bengal Declaration of Stock and Price of Essential Commodities Act, 1977. To constitute offence under this order there must be allegation that the person did not display the stock in the stock board and the item must be essential commodities. But, here I find that Cement is no longer essential commodities and therefore, it will not come under the purview of West Bengal Declaration of Stock and Price of Essential Commodities Order, 1977. Consequently, it will not come under the provision of Section 7(i) (a) (ii) of Essential Commodities Act. The learned Advocate for the petitioner also submits that it will be of no use to drag the proceeding further.

3. The learned Advocate appearing for the State submits that he wants to produce the Case Diary. But, in my opinion that very Case Diary cannot improve the position of the case. But, it being the question of law, the Case Diary cannot override the point of law. All that the Case Diary can show something about fact.

4. The learned Advocate for the petitioner has produced the original Gazette Notification which shows that the same Control Order has been rescinded with effect from 6th November, 1998.

5. In that view of the matter this proceeding is required to be quashed and it is accordingly quashed. Let copy of this order be sent down to the Special Judge, E.C. Act, Siliguri for information and necessary action.

6. With this observation the matter is disposed of.

7. Let the petitioner be released from his Bail bond.

8. The learned S.D.J.M. concerned is directed to make an order for release of the seized Cement.

Let urgent certified xerox copy of this order be handed over to the learned Advocate for the petitioner if the same is applied for.