JUDGMENT 1. - This Cr. Misc. Petition has been filed against the order dated 5-2-85, passed by Shri K. L. Yadav, Additional Munsif & Judicial Magistrate, Bharatpur, in Cr. Case No. 907/1981. 2. Heard learned counsel for the parties. According to the definition of Sugar as contained in Section 2 (Schedule E) of the Essential Commodities Act, 1955 Sugar means:- "(i) any form of sugar containing more than ninety percent of sucrose, including sugar candy; (ii) khandsari sugar or bura sugar or crushed-sugar or any sugar in crystaline or powdered form; or (iii) sugar in process in vaccum pan sugar factory or raw sugar produced therein." 3. From clause 2, it is apparent that Bura Sugar is also sugar. 4. The lower court has committed a serious error in excluding Bura on the ground that percentage of sugar as sucrose in Bura and khandsari are different. The fundamental mistake committed is that both are species of sugar and are liable to market fee as such. 5. If on account of the above delicate distinction, the accused has been misled that they are liable to pay penalty, if they have their case by making payment consequently, but that is the point to be considered at the time of final judgment. 6. The quashing of the proceedings under Section 258 Cr. P.C. is an abuse of process of the court and therefore, are quashed. 7. The application is therefore, accepted.Petition allowed. *******