SURRINDER SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition for revision of the order dated the 22nd of June, 1973, passed by the Chief Judicial Magistrate, Gurgaon directing that four trucks Nos. ASZ 7167 PUJ 963 PUJ 1703 (or PUJ 1793) and MHB 4405 be given on spurdori to their respective owners, who are the respondents before me, subject to each of them furnishing a bond in the sum of Rs. 40,000/ - under -taking to produce his truck in Court as and when required by it to do so, not to allow it to be used for the purpose of smuggling food grains -and also that the colour or shape of the truck will not be changed except with the permission of the Court.

(2.) THE four vehicles above -mentioned were seized by the Gurgaon Police during the investigation of a case in which 7 trucks full of maiza were said to have crossed the State of Haryana through the Sikanderpur barrier into Delhi and thus to have been involved in the commission of an offence under section 7 of the Essential Commodities Act. The order sought to be revised was made by the learned Magistrate when the investigation had nut yet been completed and no enquiry or trial was pending before him (although the learned Magistrate erroneously remarked in the impugned order that the police had completed the investigation). He thought that the case was covered by section 516 -A of the Code of Criminal Procedure (hereinafter referred to as the Code) which runs thus :

(3.) IN the above view of the matter I cannot accept the recommendation made by the learned Additional Sessions Judge. Accordingly the petition is dismissed and the order passed by the learned Magistrate maintained.