SANT RAM MUNISH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IT has been conceded by learned counsel for the parties that the present controversy involved in this petition is squarely covered by a Division Bench judgment of this Court rendered in the case of Rajinder Kumar v. State of Punjab, 2003(2) RCR(Criminal) 244 (P&H), wherein it has been held as under :-

(2.) IN view of the aforesaid discussion, we hold that the situation enumerated in Section 30(3) of the Act is the defence available to the accused dealer and he can avail this defence only after the prosecution leads its evidence to prove its case. Before that stage of prosecution, the criminal complaint or the criminal proceedings initiated against the accused dealer for contravention of the provisions of the Act cannot be quashed in exercise of the powers conferred under Section 482 of Code on the basis of the averments made in the petition and admitted position in the complaint pertaining to the three situations mentioned in clauses (a), (b) and (c) of sub-section (3) of Section 30 of the Act. The only exception in which the criminal complaint and the prosecution can be quashed, is there where the defence available to the dealer under Section 30(3) of the Act has been accepted by the Appellate Authority under Section 15 of the Act while setting aside the order of suspension or revocation of his license. Thus, the question of law referred to this Branch is answered accordingly." The instant case of the petitioners squarely falls under the aforesaid exception as their defence was accepted by the Appellate Authority and a finding was recorded that the dealer was entitled to protection available under Section 30(3) of the Act. In view of the aforesaid discussion, this petition is allowed in the same terms as in Rajinder Kumar's case (supra). Accordingly, Criminal complaint dated 4.1.2000 (Annexure P-1); summoning order dated 31.3.2000 (Annexure P-2) and all consequential proceedings arising therefrom are hereby quashed qua the petitioners only. Petition allowed.