BHIM SAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) FIRST information report No. 187 dated 16.8.1991 was lodged against the present the petitioner under Section 7 of the Essential Commodities Act (hereinafter referred to as "the Act") at Police Station, Focal Point, Ludhiana. The petitioner was arrested on that very day and was bailed out. On the completion of the investigation, the challan under Section 173 of the Code of Criminal Procedure was presented before the Court on 2.8.1992. It appears to be the conceded position that the trial would be governed by the provisions of Section 167(5) of the Code of Criminal Procedure read with Section 12AA-1(f) of the Act and as such would be triable as a summons case. Section 167(5) of the Code of Criminal Procedure provides that the investigation of such an offence shall not continue beyond six months of the arrest of the accused without the sanction of the Magistrate, who for special reasons, may order investigation beyond that period. The learned counsel has also relied on a Division Bench Judgment of this Court in State of Haryana v. Rajinder Singh, 1991(2) Punjab Law Reporter 540. As per the documents on record, the petitioner had been arrested on 16.8.1991 and the challan had been presented on 2.8.1992, i.e., well beyond the period of six months. The observations made by the Division Bench fully support the argument of the learned counsel for the petitioner. The application is accordingly allowed and the proceedings against the petitioner are quashed. Application allowed.