GIAN CHAND Vs. DHARAM SINGH

JUDGEMENT

(1.) THIS petition is directed against the order of Special Judge, Patiala, dated 19th of December, 1991 whereby application under Section 340 of the Criminal Procedure Code, 1973 (hereinafter referred to as the Code) for initiating enquiry against Dharam Singh, DSP (respondent) was dismissed.

(2.) IN brief facts relevant for the disposal of this case are that a case against the present petitioners was registered vide F.I.R. No. 179 dated 13th of May, 1982 under Section 7 of the Essential Commodities Act (hereinafter referred to as the Act) at Police Station, Samana, for keeping in their possession four drums of diesel and one drum of kerosene oil without dealers licence. Both the petitioners were tried under Section 7 of the Act and were acquitted vide order of special Judge, Patiala, dated 9th of January, 1987.

(3.) THE learned counsel for the parties were heard.