KARALI PROSAD MONDAL Vs. STATE

JUDGEMENT

(1.) BY this revisional application under Section 397/401/482 cr. P. C. the accused petitioners pray for quashing the proceeding pending against them by setting aside the order dated 9. 8. 85 passed by-Judge, Special Court, (E. G. Act), Bankura, in a case under section 7 (i) (a) (ii) of the Essential Commodities Act, 1955.

(2.) THE case of the petitioners in brief is that following a raid in their ration shop, Gangajalghati, Bankura, they were arrested on 27. 8. 1983 and a case was started against them under Section 7 (i) (a) (ii) of the Essential Commodities act, for alleged violation of the West Bengal Rice and. Paddy (Licensing and Control) Order, 1967. After protracted investigation charge sheet was submitted against them on 29. 1. 1985 beyond the period of six months from the date of their arrest for which they filed a petition before the Judge, Special court, Bankura for discharging them from the pending proceeding under Section 167 (5)Cr. P. C. The learned Special Judge by his order dated 9. 8. 1985, rejected the same holding the provisions of section 167 (5) Cr. P. C. was not applicable to the pending case against the petitioners under Section 7 (i) (a) (ii) of the Essential Commodities Act.

(3.) BEING aggrieved by the same, the accused petitioners have preferred this petition before this court.