STATE OF PUNJAB Vs. R.K. PRASHAR

JUDGEMENT

(1.) Order passed by Additional Sessions Judge, Ludhiana on 22.8.1988 while discharging the accused-respondents for an offence under Section 12AA of the Essential Commodities Act, stands challenged by the State in the present revision.

(2.) On 3.11.1983 Central Warehouse-I, G.T. Road, Ludhiana was raided and fertilizer lying there was taken into possession. At that time, respondent No. 1 was Manager of the aforementioned Warehouse while respondent No. 2 was Assistant Sales Officer of M/s Indian Potash Limited. Initially, a complaint was filed by the department, which was dismissed and the accused discharged by Shri T.N. Gupta, the then Presiding Officer of Special Court. Lateron, FIR No. 85 dated 12.6.1985 was registered at Police Station Focal Point, Ludhiana against the accused-respondents.

(3.) On 15.3.2010 at the time of hearing of the revision, the Court perused the office report wherein it was mentioned that respondent No. 2 had since died. The office report was based upon the certificate dated 7.9.2009 issued by Naresh Kalra, Area Manager (A&A) of Indian Potash Limited. Learned State counsel also informed the Court that after visiting the office of Indian Potash Limited, the concerned police official was informed that respondent No. 2 had already died. However, learned State counsel prayed for an adjournment for verification of the aforementioned fact.