V.K. GARG Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD . The State, through Chief Agricultural Officer, Kapurthala, had filed a criminal complaint under Sections 7 and 12-AA of the Essential Commodities Act, 1955 read with Clause 19 of the Fertilizer (Control) Order, 1985 (hereinafter referred to as the Control Order), against various partners/firms/companies. Respondent No. 7, in the said criminal complaint, is "M/s. Munak Chemical Limited, Dabwali Road, Bhatinda, Administrative Office SCO 1-2, Sector 26, Chandigarh, through its Managing Director." In the said complaint, the accused were summoned. Since the accused-respondent No. 7, in the said criminal complaint, referred to above, could not be served with the summons, the learned Special Judge ordered the issuance of the warrants of arrest of the Managing Director of the said firm, vide order dated 13.6.2000. Aggrieved against the said order of the learned Special Judge, the present petition has been filed by "V.K. Garg son of Sh. Hans Raj Garg, Managing Director, Munak Chemicals Limited, SCO 1-2, Sector 26, Madhya Marg, Chandigarh," seeking quashment of the criminal complaint as also the aforesaid order dated 13.6.2000.

(2.) WHEN this petition came up before me for motion hearing, after noticing that the criminal complaint had not been filed against the petitioner, in his personal capacity, it was directed that the complaint could not be quashed at the instance of the present petitioner. However, with regard to the legality of the order dated 13.6.2000, passed by the learned Special Judge, ordering issuance of non-bailable warrants against the Managing Director of Munak Chemicals Limited, notice of motion was issued and meanwhile, operation of that part of the order dated 13.6.2000, vide which the non-bailable warrants were ordered to be issued against the Managing Director of the said company, was stayed.