RAJESH KUMAR BANSAL Vs. STATE OF DELHI

JUDGEMENT

(1.) The facts giving rise to this petition are that on the basis of the report from the officials of Food and Civil Supplies Department, the S.H.O. of police station Sarai Rohilla, registered a case against nine persons for offences punishable under Section 7/10/55 of Essential Commodities Act vide FIR No. 156180 of Police Station, Sarai Rohilla.

(2.) After investigation the prosecution filed a challan in the matter for the prosecution of the petitioner and other accused persons. That challan was filed in 1981, but unfortunately there has been no progress in the case till today. Even charges have not yet been framed. As per the averments made in this petition Rajesh Kumar Bansal, petitioner herein, was a sleeping partner in the firm, Mahabir Filling Station, Rohtak Road, New Delhi. On 4.4.1980, officers of Food and Civil Supplies Department conducted a raid on the said filling station and made certain enquiries regarding day to day business of the filling station. According to them only two persons were found at the filling station and they were Shankar Lal, Manager and Subarati, the salesman and they found the following irregularities:

(3.) As per the submissions made on behalf of the petitioner Rajesh Kumar Bansal, he is not at all concerned or connected with the day to day business or with the irregularities allegedly found at the filling, station as he was not taking any part in the day-to-day business of the said firm. He being the Chartered Accountant by profession had shifted to Bombay. It has also been pointed out that the Food and Civil Supplies Department later on conducted their own enquiry and on the basis of the enquiry dropped all the charges against the firm as well as the representatives and they were fully exonerated of all the charges made by the Food and Civil Supplies Department.