IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 Crl.MC.No. 601 of 2010() ----------------------------------- LPC 44/2007 IN CC.858/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI CRIME NO.206/1998 OF PARAPPANANGADI POLICE STATION. .................... PETITIONER/ ACCUSED ----------------------------------- JAFFER, S/O. KUNHUMUHAMMED, OTTATHENGIL HOUSE, THRIKULAM, PANTHARANGADI, MALAPPURAM DISTRICT. BY ADV. MR.BABU S. NAIR RESPONDENT/STATE -------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PARAPPANANGADI POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.601 OF 2010 ------------------------------------------ Dated 15th March 2010 O R D E R Petitioner is the sole accused in C.C.858/2004 on the file of Judicial First Class Magistrate, Parappanangadi, now pending as L.P.44/2007 , cognizance for the offence under Sections 3 and 7 of Essential Commodities Act on Annexure-B final report on the allegation that on 25/8/1998 petitioner was found manufacturing engine oil without license using chemicals by name SERVEX and SERVO for storing and sale. Petition is filed under Section 482 of Code of Criminal Procedure contending that Government of India has not declared engine oil as an essential commodity and in the absence of such a declaration, petitioner cannot be Crmc 601/10 2 prosecuted for the offence under Sections 3 and 7 of Essential Commodities Act and therefore, continuation of the proceedings is only an abuse of process of court and it is to be quashed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel submitted that when the engine oil is not declared an essential commodity and there is no order controlling the sale of lubrication oil, petitioner cannot be prosecuted for the offences under Sections 3 and 7 of Essential Commodities Act and hence prosecution is to be quashed. 4. Learned Public Prosecutor submitted that there is no declaration or Crmc 601/10 3 notification, declaring engine oil an essential commodity. Section 3 of Essential Commodities Act provides powers to control production, supply, distribution etc. of essential commodities. Essential Commodity is defined under clause (a) of Section 2 means any of the classes of commodities shown therein. Under Sub Section 1 of Section 3, if the Central Government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices or for securing any essential commodity for the Defence of India or the efficient conduct of military operations, it may, by order provide for regulating or prohibiting the production, Crmc 601/10 4 supply and distribution thereof and trade and commerce therein. Therefore, unless there is a notification or order promulgated by Central Government as provided under Sub Section 1 of Section 3, that engine oil is an essential commodity, petitioner cannot be prosecuted for the manufacture or sale of engine oil without a license, which is the prosecution case herein. Section 7 of Essential Commodities Act only provides for penalty. Under Sub Section 1 of Section 7, if any person contravenes any order made under Section 3, he shall be punished as provided therein. When there is no order promulgated under Sub Section 1 of Section 3 in respect of the engine oil, prosecution of the petitioner for the offence under Sections 3 and 7 of Essential Commodities Crmc 601/10 5 Act is only an abuse of process of court. It is not in the interest of justice to continue the prosecution. Petition is allowed. L.P.44/2007 on the file of Judicial First Class Magistrate, Parappanangadi is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.