Honble SAXENA, J. — This petition has been filed under Sec.482 Cr.P.C, whereby the petitioners have prayed that FIR Nos.22,43 and 49 of the year 1993 registered at Police Station, Banswara against them be quashed and respondents be directed not to proceed further on the basis of those F.I.Rs.

(2). Petitioner, Banswara Syntex Limited, is a Company and has its factory at Banswara for the manufacture of Synthetic blended yarn. Petitioners No.2 to 6 are its Executive Director, Chairman and Managing Director, Vice President, Factory Manager and Cost and Production Controller respectively.

(3). Now briefly the facts. By notification dt.29.3.90 (Annex.l) read with notification dt.11.5.90 (Annex.2) and notification dated 17.5.90 (Annex.3), the Textile Commissioner, Bombay issued directions that every producer of yarn shall pack yarn for civil consumption in hank yarn form in each quarterly period commencing from April/June, 1990 and every subsequent quarterly period in proportion of not less than 50% of total yarn packed by him during each quarterly period for civil consumption. Aforementioned notification further provided that not less than eighty percent of the yarn required to be packed in hank form shall be of counts 40s and that the obligation to pack hank yarn pertaining to a particular quarterly period could be fulfilled before the end of month succeeding such period to which the obligation pertained. Those notifications were issued by the Textile Commissioner in exercise of the powers conferred on him by Clause 16 of the Textile (Control) Order, 1986 (in short,the Order 1986. The Order,1986 was issued u/s.3 of the Essential Commodities Act, 1955 (hereinafter referred-to as the Act of 1955). The directions issued by notifications Annex. 1,2 and 3 came into force on 1.4.90 and were to continue in force till 31.3.95.

(4). It is alleged that M/s Banswara Syntex Limited is the producer of yarn and is subject to the provisions of Textile Commissioners notifications Annexs.l to 3. It is further alleged that on examination of the records submitted by the petitioner Company to the Textile Commissioner regarding their packing of yarn for civil consumption during the quarterly periods April/June, 1990, October/December, 1990 and April/June, 1992, it was found that the petitioner Company had not fulfilled its obligation for packing hank yarn during the said quarterly periods in compliance of the notifications Annex. 1 to 3, inasmuch as there was a shortfall of 30551,4558 and 20412 kgms. of yarn respectively . It appears that the petitioner Company vide its letter No.BSL-NPO-90-3196 requested the Textile Commissioner for exemption from packing obligation in hank form, for the periods April/June, 1990 and October/December, 1990, and also for condonation of late submission of C form for the said periods beyond one and half years but the same was rejected. The petitioner Company also approached the Textile Ministry for exemption from packing of hank yarn but the same was also rejected. It is alleged that the petitioner Company thus failed to comply with the directions contained in Annex. 1 to 3 for the periods April/June, 1990, October/December, 1990 as also for the period April/June, 1992 and contravened the provisions of Clause 16 of the Order, 1986 and rendered itself liable for prosecution u/s.3 read with section 7 of the Act of 1955. The Asstt. Director Regional Office of the Textile Commissioner, Ahmedabad, therefore, lodged three written First Information Reports dt.23.12.92, Annex.5,6 and 7 respectively before the S.H.O., P.S. Banswara (respondent No.2) whereupon Crime Nos.22/93 dt.7.1.93, 43/93 and 44/93 dt.22.1.93 were registered at P.S. Banswara against the petitioners for the offence u/s.3/7 of the Act of 1955 for violation of Clause 16 (e) of the Order, 1986.

(5). It appears that later on, the Director of the office of the Textile Commissioner vide his letter dated 26.8.93 Annex.8 informed the petitioner Company that the Textile Comm

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