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TMI Blog1996 (2) TMI 598X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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. 2. To-day on 4.12.1985 in the evening at about 3.30 p.m. myself Abdul Qadir, Senior Marketing Inspector, Modinagar under the direction of Sri P.K. Upadhayaya, Addl. District Magistrate (Supply) Ghaziabad along with Sri Mohan Singh, District supply Officer, Ghaziabad, Sri Rameswer Dayal, Supply Inspector Modinagar, Sri Rais Ahmad, Supply Inspector Modinagar, S.K. Misra, Marketing Inspector, Sri S.K. Singh, Marketing Inspector, Sri Anil Kumar Srivastava, Marketing Inspector, Modinagar, Sri J.R. Joshi, Sub-Inspector, Sri Samai Singh, Constable No. 56, Sri Sukhbir Singh, Head Constable No. 53, Police Station Modinagar etc. inspected the oil stored in the oil tankers of Modi paints and Varnish Works, Modinagar. To verify four tanks oil stored in them the oils stated by the party, three samples each were taken from every tank total 27 samples and sealed on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... custody of Sri Nand Kishore, General Manager, Modi Industries, Modinagar and the sample seal and the nine sealed sampled along with two stock registers are accordingly being handed over by me in the police station. 3. The respondent filed Criminal Misc. Petition No. 15985 of 1985 in the High Court of Allahabad. The learned single Judge of the High Court by order dated January 7, 1986 quashed the F.I.R. holding that as per the case set out in the counter-affidavit, the respondent was not engaged in the sale or purchase of the oil seeds; he has been engaged in the manufacture of paints and varnishes. Therefore, he is not a dealer in oil seeds or edible oil covered under the U.P. Oil-seeds and Oil-seeds Products Control Order, 1966 (for short, the 'order'). Accordingly the prosecution against the respondent is not in accordance with law, The application was accordingly allowed and the F.I.R. was quashed. Thus this appeal by special leave. 4. The terms dealer has been defined in Clause 2(g) of the Order thus: (g) 'Dealer' means a person engaged in the business of purchase or sale or storage for sale of oil seeds and oilseeds products, but does not include th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rders issued under Section 3 of the Essential Commodities Act regulate possession of and dealing in of the essential commodities for equitable distribution at fair price or for supply to the consumers. The question, therefore, is ; whether the respondent is a dealer within the meaning of either of the Orders? The case of the respondent is that since he stored 843 quintals and 57 kgs. of soyabean oil, 8147 quintals and 45 kgs of castor oil and 32 quintals and 51 kgs. of refined soyabean oil for the purpose of manufacturer of paints and varnish, he is not a dealer. That contention was accepted by High Court. We find that the High Court is wholly incorrect in that construction. It is seen that the dealer names a person engaged in the business of purchase or sale or storage for sale of oil-seeds or oil-seeds products. The exemption from the Order is given to the Food Corporation of India and the U.P. Food and Essential Commodities Corporation as they are public undertakings for regulating distribution of essential commodities. They are not dealer Under the Orders. Any other dealer who stocks quantity less than the minimal prescribed under the Orders need not obtain licence. Even a p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and and Anr., held as under : It is thus settled law that the exercise of inherent power of the High Court is an exceptional one. Great care should be taken by the High Court before embarking to scrutinise the FIR/chargesheet/complaint. In deciding whether the case is rarest of rare cases to scuttle the prosecution in its inception, it first has to get into the grip of the matter whether the allegations constitute the offence. It must be remembered that FIR is only an initiation to move the machinery and to investigate into cognisable offence. After the investigation is conducted and the charge-sheet is laid the prosecution produces the statements of the witnesses recorded under Section 161 of the Code in support of the charge-sheet. At that stage it is not the function of the Court to weight the pros and cons of the prosecution case or to consider necessity of strict compliance of the provisions which are considered mandatory and its effect of non-compliance. It would be done after the trial is concluded. The Court has to prima facie consider from the averments in the charge-sheet and the Statements of witnesses on the record in support thereof whether court could take cognizan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de of Criminal Procedure should be very sparingly and cautiously used only when the court comes to the conclusion that there would be manifest injustice or there would be abuse of the process of the court, if such power is not exercised. So far as the order of cognizance by a Magistrate is concerned, the inherent power can be exercised when the allegations in the First Information Report or the complaint together with the other materials collected during investigation taken at their face value, do not constitute the offence alleged. At that stage it is not open for the court either to shift the evidence or appreciate the evidence and come to the conclusion that no prima facie case is made out. 14. In Mushtaq Ahmad v. Mohd. Habijur Rehman Faizi and Ors. JT 1991 656 this Court held as under : According to the complaint, the respondents had thereby committed breach of trust of Government money. In support of the above allegations made in the complaint copies of the salary statements of the relevant periods were produced. In spite of the fact that the complaint and the documents annexed thereto clearly made out a, prima facie, case for cheating, breach of trust and forgery, the H ..... 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