SATNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) VIDE F.I.R. No. 185 dated 7th September, 1979 a case was registered against Ved Parkash, Ramesh Kumar, Pawan Kumar and Radhey Sham under section 7 of the Essential Commodities Act at police station Julkan, 14 prosecution witnesses were examined and five defence witnesses were also examined.

(2.) ON 30th September, 1983, the Public Prosecutor made an application under section 319 of the Code of Criminal Procedure for summoning Gurnam Singh Inspector and Pawan Kumar of the Food and Supplies Department, Patiala, as accused persons.

(3.) ON 17th August, 1981, S.H.O. of Julkan obtained warrants of arrest of Pawan Kumar and Gurnam Singh for investigation and submitting supplementary challan but no such challan was presented in the Court It was further alleged in the application by the Public Prosecutor that during trial of the present accused, Hakam Singh, Satnam Singh, Gurbux Singh, Baldev Singh, and Hari Kishan P. Ws had alleged about the involvement of Gurnam Singh and Pawan Kumar in the commission of the offence as they facilitated the proprietor of Zimindara Filling Station to commit the offence under section 7 of the Essential Commodities Act and that they have abetted the commission of offence. Gurnam Singh Inspector Food and Supplies also appeared as D. W 4 and admitted that he was deputed on Zimindara Filling Station to supervise the distribution of oil. It is also in the evidence that one drum containing 200 litres of oil belonged to Pawan Kumar Inspector. This application of the Public Prosecutor was declined by the learned Magistrate. Satnam Singh the present petitioner also filed an application before the learned Magistrate to the same effect but the same too was declined It is in these circumstances that the present petition under section 482, Cr.P.C, has been filed.