MUNISH GUPTA AND ORS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed by Munish Gupta, Vishal Gupta and Pawan Gupta, all residents of New Model Town, Phagwara for quashing of FIR (Annexure P-3) as well as the summoning order dated 16.12.2004 (Annexure P-9) and all subsequent proceedings. FIR No. 76 dated 30.5.2004 was registered at Police Station Sadar, Phagwara under Section 7 of the Essential Commodities Act (Annexure P-3). All the accused - petitioners were placed by the Police in column No. 2 but later on they were summoned vide order dated 16.12.2004 (Annexure P-9) by the trial Court under Section 190 of the Code of Criminal Procedure.

(2.) In this petition, inter - alia, it is urged that premises were searched and raids were conducted by police party headed by Sub- Inspector and no official of the Food and Supply Department was associated with the raiding party.

(3.) Sh. K.S. Nalwa, Advocate for the petitioners has referred to the Ministry of Petroleum and Natural Gas Order dated 26.04.2000 (hereinafter called "the Order"). The Clause 13 of the order reads as under: