M V ARUNACHALAM Vs. R PALANIAPPAN

JUDGEMENT

(1.) Heard. Without any shred of evidence or materials, the order passed by the learned Special Judge of E.C. Act, Cases, Thanjavur, in Criminal Misc. Petition No. 280 of 1992 in S.T.C. No. 6 of 1990 on 29-4-1992 is being challenged in Crl.R.C.No. 479 of 1995, for its impropriety and illegality.

(2.) It is seen from the case records that the revision petitioners were indicated for the alleged offences punishable under Clause 19 of the Fertiliser Control Order read with Section 10 of the Essential Commodities Act before the trial Court above referred. When the trial was almost over by recording the evidence from both sides, at the stage of arguments on behalf of the parties, a petition under Section 319 (1) of the Code of Criminal Procedure was filed by and on behalf of the prosecution, seeking to implead the Chairman, Vice-Chairman and Managing Director and Chief Chemical of E.I.D. Parry (India) Limited, as accused in this case, for the reason that the accused who was facing the trial cannot be held responsible. Section 319(1) of the Code of Criminal Procedure, is extracted hereunder for the purpose of appreciating the case in its proper perspectives.

(3.) Other sub-sections may not be relevant for the purpose of this case. It is thus, seen that sub-section (1) of Section 319 of the Code clearly provides an imperative that the Court is empowered to proceed against any person under this Section upon coming to know of the material evidence produced or identified before it even though he was not arraigned as an accused already. Thus, to extend the legal rope against any person, who has committed the offence, though not brought before the Court but liable to be brought before the Court under this Section, identification of the proper materials and evidence for his involvement is a must. Judicial function is the basis to be exercised before proceeding against any such person though he was not on record. If such basis is identified by the Court, then Court is empowered to proceed to bring him to record of the Court to answer to the offence found out against him, otherwise, under no circumstances it can.