The judgment of the Court was as follows :––

Dutta, J. : This revisional application is for quashing the proceeding, being C. S. G. R. Case No. 1074 of 78 under section 7(1)(a)(ii) of the Essential Commodities Act, 1955, pending in the Court of the Sub-Divisional Judicial Magistrate, Rampurhat, including the charge framed against the petitioner by an order dated 18.8.1980.

2. The prosecution case was that on 4.11.78 Sri N. L. Sharma, Sub-Inspector of Police attached to the District Enforcement Branch, visited the fertilizer-shop of the petitioner and found on physical verification that the actual stock of fertilizers was short of or less than the book balance. As a result, he seized the stock of fertilizers and the books of accounts and filed a case which was registered at Mayureswar Police Station. Thereafter he investigated the case and submitted charge-sheet against the petitioner.

3. The learned Magistrate took cognizance of the offence on the said charge-sheet and ultimately after considering the materials filed along with the charge-sheet, framed the charge under section 7(1)(a)(ii) of the Essential Commodities Act, 1955 against the petitioner.

4. It is submitted by the l