( 1 ) THE present case is a classic example of how the petitioner has managed to ensure that the criminal proceedings initiated against him do not even take off much less achieve any final adjudicatory stage.

( 2 ) THE petitioner claims to be a whole-sale dealer of mild steel tubes carrying on business under the name and style of M/s. Banarsi Dass and Co. In terms of a notification issued by respondent No. 1 / Union of India bearing No. GSR 374 (E) dated 08. 07. 1978 called the Mild Steel Tubes (Excluding Seamless Tubes and Tubes According to A. P. I. Specifications) (Quality Control) Order, 1978 ( hereinafter to be referred to as, the said Order ) in exercise of power under Section 3 of the Essential Commodities Act, 1955 ( hereinafter to be referred to as, the Act ), the following provision was made :

NO person shall by himself or by any person on his behalf manufacture or store for sale, sell or distribute any mild steel tubes having wall thickness less than the wall thickness stipulated for light class in the specified standards covered by this Order and that it would be with ISI certification mark and proved that the thickness of zinc coating on the galvani