ORDER

This appeal by special leave has been placed before us by a reference. The facts are not in dispute. The appellant- State has filed an F.I.R. with allegations as under :

"It is submitted that Modi Paints and Varnish Works, manufactures Varnish and Paints at Modinagar. This firm had been buying linseed oil and other edible oils in large quantities for quite some time, and had been storing the same and utilising it for the manufacture of paints and varnish. This industrial unit had been buying and storing the linseed oil and other edible oils, and in this respect the said industrial unit has not obtained any licence.

The said industrial unit had given an application for obtaining a licence in respect of their business for the purpose of said oils for utilising the same in paints and varnish but their application was rejected. Subsequent to that also, the said industrial unit kept purchasing, storing and utilising the said oils and kept manufacturing said selling paints and varnish. Earlier also this firm had not made available its records concerning stock of bills.

To-day on 4.12.1985 in the evening at about 3.30 p.m. myself Abdul Qadir, Senior Marketing Inspector, Modinagar und