STATE OF HARYANA Vs. RAJINDER SINGH

JUDGEMENT

(1.) THE order discharging the accused in respect of the alleged offence under Section 3 of the Haryana Foodgrains Dealers Licencing and Price Control Order, 1978, on account of non -compliance of the provisions of Section 167(5) of the Code of Criminal Procedure is subject -matter of consideration in this appeal.

(2.) BRIEFLY put, the challan was put up by the S.H.O. Police Station Nangal Chowdhri, to the effect that the accused had 23 quintals 50 Kilograms of rice for sale and had been taking the same from Haryana to Rajasthan in violation of the provisions of Section 3 of the Haryana Foodgrains Dealers Licencing and Price Control Order, 1978. The accused was arrested on January 21, 1984. The investigation in this case continued beyond the period of six months and challan was put in the Court on July 27, 1981 without obtaining special permission of the Court as required under Section 167(5) of the Code of Criminal Procedure.

(3.) NOW , before us also almost identical plea has been raised by the counsel appearing for the State, namely, that the case is not triable as a summons case and, thus, the provisions of Section 167(5) of the Code of Criminal Procedure are not attracted to the facts of the present case. This argument is wholly without any merit. Section 12AA(1)(a) of the Essential Commodities (Special Provisions) Act, 1981, clearly lays down that all offences under this Act shall be triable only by the Special Court constituted for the area in which the offence has been committed. Section 12AA(1)(f) further provides that all offences under this Act shall be tried in a summary way.