STATE OF HIMACHAL PRADESH Vs. ISHWAR CHAND

JUDGEMENT

(1.) This is a petition for a certificate under Article 134 of the Constitution to enable the State of Himachal Pradesh to appeal to the Supreme Court on certain points of law arising in a bail application.

(2.) The respondent Ishwar Chand is a member of a partnership firm, Mahabir Trading Company, carrying on business in foodgrains at Solan. On a surprise check made on July 8, 1975 the police discovered that the godowns of the firm contained stocks of rice and salt in contravention of, the Himachal Pradesh Commodities Price Marking and Display Order. A case was registered under the Defence and Internal Security of India Rules, 1971 and a report was submitted to the Chief. Judicial Magistrate that it was proposed to arrest the respondent. The respondent applied for anticipatory bail before the Chief Judicial Magistrate, and on the application being rejected he applied to this Court for bail.

(3.) In a number of other cases, also allegedly involving a contravention of the said price Marking and Display Order, applications for anticipatory bail under Section 438 of the Code of Criminal Procedure or applications for bail under Section 439 of the Code were made. The applications came on for hearing before one of us (D. B. Lal, J.) and being of opinion tbat the points raised substantial questions of law he referred the applications to a larger Bench. The cases came on for hearing before a Full Bench. Having regard to the wide variety of facts calling for consideration in the several applications it was proposed to express an opinion on the major questions of law only and to send the cases back with the opinion of the Full Bench to the learned single Judge for disposal. On August 22, 1975 the Full Bench pronounced the following opinion on the points before it:--