B. K. PATRA, J.

( 1 ) THE opposite party Prakash Chandra Agarwalla holds a licence under the Orissa foodgrains Dealers' Licensing Order, 1964 (hereinafter referred to as the Order)and was dealing in wheat and wheat-products. The Inspector, Vigilance, Titlagarh inspected his shop on 28-8-1965 and found some irregularities in maintenance of his account books as the books did not show the correct stock of wheat held by him by that day. The opposite party also did not submit fortnightly returns as required under Clause (4) of the Licence. On the aforesaid allegations, the inspector, Vigilance submitted a prosecution report against him under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as the Act) for contravening the conditions of the licence issued to him. In course of search of the shop of opposite party about 17 quintals and 68 kilograms of wheat were found and seized. The opposite party appeared in Court and filed an application that he is entitled to be supplied with necessary documents under Section 173, Criminal P. C. This prayer was rejected by the learned Magistrate being of the view that there was no investigation of the case by the Vigilance Ins