STATE Vs. KHAZAN CHAND

JUDGEMENT

(1.) THIS order and judgment will dispose of nine criminal appeals, being Criminal Appeals Nos. 372, 373, 374, 375, 376, 377, 378, 379 and 380 of 1966. They arise out of similar facts and involve common questions of law and were beard together.

(2.) SHORTLY put, the facts are that the District food and Supplies Controller, Hissar, made reports in writing to the Station House Officer, Hissar City, against the various respondents in these appeals, alleging contravention of the provisions of the Punjab food Grams Dealers Licensing Order, 1964, and the provisions of the Punjab Gram (Regulation of Distribution) Order, 1964, made under the Essential Commodities Act of 1955.

(3.) ON the receipt of these reports, the Station Hou3e Officer recorded First Information Reports against the respondents and registered cases Under Section 7 of the Essential Commodities Act of 1955. The Station House Officer then investigated the cases and filed chargo-sheet3 against the various respondents before the Chief Judicial Magistrate, Hissar. Taking cognizance of the cases, the Chief Judicial Magistrate, Hissar, issued processes to the various respondents. The respondents made applications to the Chief Judicial Magistrate for dropping proceedings against them contending that the investigation by the police was unauthorised and that consequently the Chief Judicial Magistrate could not take cognizance of the offence or try the same.