JUDGMENT :

Ananya Bandyopadhyay, J.

1. This instant criminal revisional application is preferred for quashing of proceedings of Complaint Case No. 29C of 2012 under Sections 34 (5) and 34(7) of the West Bengal Agricultural Produce Marketing (Regulation) Act, 1972 for violation of Section 17A of the said Act pending before the Learned Judicial Magistrate, 4th Court at Howrah.

2. The petitioners’ case is stated as follows:-

i. The petitioner no. 1 is a Pvt. Ltd Company incorporated under the provisions of the Companies Act, 1956 having its registered office at “Purna Bhavan”, 5/1, Acharya Jagadish Chandra Bose Road, Kolkata-700020 and the petitioner no. 2 is a joint managing director of the petitioner no. 1 company.

ii. The petitioners had been engaged in the business of manufacturing, marketing and selling of biscuits and bakery products from its factory/manufacturing unit at Sankrail Food Park, Jaladhulagori Police Station-Sankrail, Post Office-Dhulagarh, District-Howrah.

iii. Petitioners stated that since the petitioners had been a manufacturer of “biscuit and bakery products” which was not an “agricultural produce” within the meaning of Section 2 (1)(a) of the West Bengal Agricultural