MANGAT RAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE learned counsel for the petitioner invites my attention to proviso to section 12-AA (2) Essential Commodities Act, and submits that the learned Special Judge committed a patent illegality in framing the charge u/s 409 IPC, against the petitioner as the said offence was not triable in a summary manner as per the parent provisions as contained in section 409 IPC. Notice to the State of Punjab.

(2.) ON the asking of the court, Mr. Randhir Singh, DAG, Punjab accepts notice on behalf of respondent No. 1. Heard on merits.

(3.) BEFORE I proceed further, I may state that vide the impugned order dated 29.10.1998, the learned Special Judge also discharged Mathra Dass, Satish Kumar, Smt. Rakesh Rani and Sat Narain, against whom, the State has not so far filed any revision.