PULIN BEHARI SASMAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application under Section 401 read with Section 482 of Cr.P.C. is for quashing the proceeding being E.C. Case No. 9 of 1992 under Section 7(1)(a)(ii) of the Essential Commodities Act pending before the learned Special Judge (E.C. Act), Contai, in view of the amended provisions of Section 167 (5) of the Code of Criminal Procedure.

(2.) It is alleged that the case was instituted on 2.12.1992 and the accused/revisionist was arrested on that day. The accused was produced before the learned lower Court on the next day i.e. on 3.12.1992 and the charge-sheet was submitted on 19.11.1993 under Section 7(1)(a)(ii) of the E.C. Act. It is pointed out in the revisional application that the submission of charge-sheet was long after the lapse of statutory period of six months from the date of arrest of the accused and as such the learned lower Court ought to have stopped the proceeding.

(3.) Mr. P. Satpathi, the learned Advocate for the petitioner has referred to a case law purported to have been reported in 1991 C. Cr. L.R. 158, (para 12). But to my utter dismay I do not find any case law there having any bearing with the instant case. He has again referred to the case of Pradip Ghosh v. State of West Bengal,1997 2 CalHN 28 in which it was held that where the charge-sheet was not filed in a case for the offence under Section 304 I.P.C. within three years from the arrest of the accused and no petition was filed by the I.O. within the statutory period of such three years for confirmation of the investigation, the accused is entitled to be discharged.