This Rule is at the instance of the three accused petitioners, Kashi Nath pal, Rabindra Nath Samanta and Gobinda Chandra Dey and is directed against two charges framed against the accused petitioner No. 1 under section 7(1)(a)(ii) of Act X of 1955 and against the other two accused persons under section 8 of the said Act and for quashing the resultant proceedings being D.E.B.G.R/T. 550/73 Case No. 178 of 1972 pending before Sri B. Kundu, Sub-divisional Judicial Magistrate, Midnapore.

2. A short point of law is involved in this case and the facts need not be set out in details except to the extent as is necessary for a proper consideration of the point involved. The First Information was lodged by one Sri Satya Ranjan Banerjee, Inspector of the Enforcement Branch Calcutta, at Debra P.S. in the District of Midnapore on November 7, 1972. On November 3 and 4, 1972, the said Inspector of Police along with two other officers checked the godown of the petitioner No. 1, Kashi Nath Pal, at the Harimati Rice Mill compound in Debra. On checking the register and upon physical verification of stock certain discrepancies were found as mentioned in the relevant list prepared at the time. A