STATE OF MAHARASHTRA Vs. RAM PANDHARINATH CHIDRAWAR

JUDGEMENT

(1.) In the present petition, the State has impugned order dated 17-1-1998 passed by learned Special Judge under Essential Commodities Act, in Summary Criminal Case No. 13/1996, discharging the respondent (original accused No. 3) of the offence punishable under Section 3 r/w. 7 of the Essential Commodities Act, 1955 (hereinafter to be referred to as the Act).

(2.) The facts, in nutshell, are that: on 5-5-1996 District Supply Officer, Nanded; visited Naigaon and inspected premises of M/s. Pandurang Oil Industries belonging to Vyankoba Pandharinath Chidrawar, who was holding a licence under the provisions of Maharashtra Schedule Oil Seeds and Oils (Dealers and Millers) Licensing Order, 1977 (hereinafter to be referred to as the Oil Seeds and Oils (Dealers and Millers) Licensing Order, 1977). It was found that the owner was holding stocks of edible oil and oil seeds in excess of the permissible limits. The District Supply Officer then visited the premises of M/s. Gajanan Oil Industries and Dal Mill belonging to present respondent Ram Pandhari-nath Chidrawar. The respondent is holding a licence under the provisions of Maharashtra Oil Seeds and Oil (Dealers and Millers) Licensing Order, 1977 as well as under the Maharashtra Pulses (Dealers and Millers) Licensing Order, 1977. Both these licences were renewed up to 31st December, 1997. The District Supply Officer found that the stock was in excess of the permissible limit. He, therefore, lodged a report with Naigaon police station. On the basis of this report, Vyankoba Pandharinath Chidrawar, Ganesh Vyankoba Chidrawar and present respondent, came to be prosecuted for the offence punishable under Sections 3 r/w Section 7 of the Act.

(3.) During pendency of the proceedings, original accused filed an application for discharge, under Section 227 of the Code of Criminal Procedure. While dealing with this application, learned Special Judge found that in Summary trials there is no provision for discharging the accused. However, the Court can resort to Section 258 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as the Code) for stoppage of the proceedings. Learned Special Judge further found that the stock of edible oil and oil seeds was within permissible limits. He, therefore, stopped the proceedings and discharged the accused by order dated 17-1-1998. This order has been impugned in the present petition by the State.