D A M PRABHU Vs. STATE OF DELHI

JUDGEMENT

(1.) By way of this revision petition, the petitioners, namely, D.A.M. Prabhu and Vijay Kumar Malhotra, have impugned the order dated 11.2.1994 passed by the Special Judge under the Essential Commodities Act, 1955. The brief facts are that on 23.1.1988, a complaint was lodged by the Enforcement Inspector with the Station House Officer of Police Station Moti Nagar, New Delhi alleging that Swatantar Bharat Mills had, by declaring and stamping wrong fibre compositions for the cloth, contravened the provisions of the Textile Commissioner's notification dated 23.11.1981 and Clause 17 of the Textile (Control) Order, 1986 rendering themselves liable for penal action for violation of the order made under Section 3 of the Essential Commodities Act, 1955 punishable under Section 7 thereof. On 11.2.1988, an FIR was registered on the basis of the said complaint. On 6.5.1988, the charge-sheet was filed in Court, but there was only one accused, namely, A.K. Rohatgi, who was shown in Column No. 4 for the offence, inter alia, under Section 7 of the said Act. On that date, the Court passed the following order: "New challan filed today. It be checked and registered. Accused person be summoned for 9.6.1988."

(2.) Thereafter, the accused [A.K. Rohatgi] appeared and was released on bail.On 4.12.1990, a supplementary challan was filed and the Court passed the following order: "Supplementary challan filed today. It be checked and registered. Accused be summoned for 18.12.1990 as main case is already fixed for 18.12.1990."

(3.) In the supplementary charge-sheet, the said A.K. Rohatgi was again shown in Column No. 4. However, in Column No. 2, the present petitioner along with R.C. Kesar and Lala Bansidhar were shown in Column No. 2. It appears that, on 18.2.1991, the petitioner No. 2 herein (V.K. Malhotra) appeared in Court and on 22.2.1991, the Court passed the following order: