ANIL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Petitioner Anil Kumar, a food grain dealer of Talwandi Bhai, is being prosecuted in Case FIR No. 14 dated 26-2-1997, Police Station Ghall Khurd, District Ferozepur, registered under Section 7 of the Essential Commodities Act, 1955 (for short "the Act") read with Section 120-B of the Indian Penal Code on the allegation that on 31 -10-1996 he had stored 36732 quintals of wheat without licence and thereby had contravened Clause 7 of the Punjab Trade Articles (Licensing Order) 1992 framed under Section 3 of the Act.

(2.) The petitioner has moved this Court under Section 482 of the Code of Criminal Procedure for quashing the aforesaid FIR and the subsequent proceedings pending in the Court of Special Court, Ferozepur. His case is that the offences under the Act shall be tried by the Special Court in summary way as laid down under Section 12-AA(1) of the Act and provisions of Sections 262 and 265 (both inclusive) shall be applicable to such trial and that when the offence is to be tried summarily the investigation is to be concluded as per the provisions of Section 167(5) of the Code of Criminal Procedure. Investigation in his case was not completed within six months and report under Section 173(2) of the Code of Criminal Procedure was presented after the expiry of six months and thus as per the provisions of Section 167(5) of the Code of Criminal Procedure the proceedings are vitiated on the ground of limitation.

(3.) The respondent has raised preliminary objection asserting that challan was already filed in Court on 9-9-2002 and charge has also been framed against the petitioner and, therefore, he has an alternative remedy to file a revision against the order of framing of charge.