PRABHAKAR RAO LANDGE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has impugned the order dated 10.7.2006. He was arrayed as an accused person in a complaint initiated by the complainant under Section 19(a)(vii) of the Fertilizer Control Order, 1985 read with Sections 7 and 12AA of the Essential Commodities Act. He is the Deputy General Manager of M/s. Hindalco Industries Limited. The trial Court summoned all the persons who were named as accused in the complaint.

(2.) ACCORDINGLY , an application was moved by the petitioner seeking his personal exemption from appearing before the trial Court on every date of hearing, which was rejected by the trial Court on the ground that his presence had been procured after adopting coercive process and hence he did not deserve the concession of being granted exemption from personal appearance.

(3.) IT was contended by the learned counsel for the petitioner that Section 205 of the Code does not debar a Court from considering the question of exemption simply because his presence had been procedure through coercive process by issuing warrants either bailable or non-bailable. In support of his contention reliance was placed on Chandan Bose v. Sunil Kumar Sen, 1996(2) RCR(Criminal) 623; Debasis Samantaray v. State of Orissa and another, 2004(1) RCR(Criminal) 75 : 2003 Cri.L.J. 3774 and D.K. Jhaver v. State of Bihar and others, 1996(2) RCR(Criminal) 73.