1. This is a petition under Section 401/482, Cr. P.C. by the State against the order dated 19-8-82 passed by the learned Sessions Judge, Kamrup at Gauhati in Case No. C. M. No. 4(K-3)/82. By the aforesaid judgement and order, the learned Sessions Judge discharged three accused persons, namely, Achit Ranjan Dey, Santok Singh and Debendra Singh under Section 7(1) (a)(ii) of the Essential Commodities Act and under Sections 120(B), 407/409, IPC. Accused Debendra is the son of accused Santok.

2. On 4-3-81 a search was conducted by Bureau of Investigation (E. O.), Assam in the premises of M/s. Assam Spun Pipe and industries Ltd. Kalapahar belonging to accused Santok and found 524 bags of cement including 427 bags of imported cement. It has been alleged that the said cement was kept without any valid permit. Accused Santok is a contractor under C.P.W.D. and he has been allotted construction works in the C.R.P.F. campus at Khanapara. 600 bags of cement far the purpose of execution of the aforesaid works were allotted to accused Santok. Delivery of cement was taken from the State P.W.D. godown at Baisistha by accused Achit Ranjan Dey, a junior Engineer of C.P.W.D. and it was handed