SURAJ BHAN Vs. STATE

JUDGEMENT

(1.) Five Criminal Misc. (Main) petitioners Nos. 115 to 119 of 1980 under Section 438 of the Code of Criminal Procedure (in short the Code) are being decided together because of similar facts and same question of law involved. This order is being written in Crl. Misc. (Main) 115 of 1980.

(2.) . The petitioners in every case are partners of the firm which are carrying on business in Rui-Ki-Mandi Sadar Bazar, Delhi. They deal interalia in Khandsari.

(3.) . On 14th February 1980 some staff of Food & Supplies (Enforcement Branch) Delhi and Delhi Police (Special Cell, Crime Branch) carried out separate raids at the premises of every one or the petitioners and took into possession stocks of large number of bags of 'suspected sugar' because quanity held by every individual firm was more than maximum permissible limit of 1000 quintals to be stocked under Delhi Sugar Dealers Licencing Control Order 1963 (hereinafter referred to as 'Sugar Control Order' issued under Section 3 of the Essential Commodities Act by the Administrator of Union Territory of Delhi vide notification dated 19th February 1963 published in part 1 V of Delhi Gazette Extra-ordinary. According to Section 2 (f) of the 'Sugar Control Order' any substance including Khandsari which contains more than 90% of Sucrose is sugar within the meaning of said Order. After seizure of the stock it was necessary to find out the contents of sucrose. Hence the matter was referred to Chemical Examiner who made a report that 'Suspected sugar', which was seized, contained more than 90% sucrose. After receipt of that report the Police wanted to arrest the petitioners on account of alleged commission of offence punishable under Sections 3 & 10 of the Essential Commodities Act. Therefore, the petitioners brought petitions before the learned Sessions Judge, Delhi, for gram of anticipatory bail under Section 438 of the Code. Those petitioners were rejected by the learned Sessions Judge, Delhi on 29th February, 1980. Thereafter petition No. 115 of 1980 was instituted on 1st March 1980 while remaining petitions were instituted on 3rd March, 1980.