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2024 Supreme(Cal) 777

AJAY KUMAR GUPTA
Sk. Abdul Sabir – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Mrityunjay Chatterjee, Adv. Mr. Debapriya Majumder, Adv. Mr. T. Hazra, Adv. Mr. A. Sarkar, Adv.
For the Respondent: Mr. N.P. Agarwala, Adv. Mr. Pratick Bose, Adv.
.

JUDGMENT :

Ajay Kumar Gupta, J.

1. The petitioner seeking quashing of proceeding being GR case No. 531 of 2017 arising out of Raina P.S. Case No. 38 of 2017 dated 17.02.2017 under Section 19 of West Bengal Cold Storage (License and Regulation) Act, 1966 (hereinafter referred to as ‘the said Act’) read with Section 4Q of the Cold Storage (License and Regulation) Rule, 1967 pending before the Learned Court of the Chief Judicial Magistrate, Burdwan by filing this revisional application.

2. The essential facts of the case are relevant for the disposal as hereunder:

On 17th February, 2017, the Asst. Director of agricultural marketing (administrative), Burdwan lodged a written complaint alleging, inter alia, that directors of M/S Prathana Food Processing Private Limited having its office at Badsahi Road, Bolpur, Machkhanda, Burdwan, violated the provision of Section 19 of the West Bengal Cold Storage (License and Regulation) Act, 1966 read with Section 4Q of Cold Storage (License and Regulation) Rule, 1967 and carrying on business of storing of Potatoes without a valid licence resulting in registration of Raina Police Station Case No. 38 of 2017 dated 17th February, 2017 under Section 19 of

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