V.K. GARG Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Criminal Misc. Petition has been filed by one V.K. Garg with a prayer to stay the operation of the order dated 15.5.1998 issuing non-bailable warrants against the petitioner.

(2.) BRIEF facts of the case are that Chief Agricultural Officer, Hoshiarpur filed a complaint under Section 19(1)(a) of the Fertilizer (Control) Order, 1985 issued under Section 3 of the Essential Commodities Act punishable under section 7(1)(a) of the said Act. On the said complaint, case F.I.R. No. 65 dated 22.6.1994 was registered at Police Station Tanda District Hoshiarpur. In that case, Special Judge, Hoshiarpur, issued a notice to Vijay Kumar Garg requiring him to appear in the Court on 31.3.1998 at 10 a.m. which led Vijay Kumar Garg to file a petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India for quashing of notice/summoning order Annexure P2 in the case F.I.R. No. 65 dated 22.6.1994 under Section 7 of the Essential Commodities Act read with clause 19(1)(a) of the Fertilizer (Control) Order 1985 and all subsequent proceedings arising therefrom.

(3.) EQUIPPED with the order dated 28.4.1998 Vijay Kumar Garg filed an application before the trial Court and the learned Special Judge, Hoshiarpur, passed the order dated 6.5.1998, which reads as under :