ISHWAR CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ON August 22, 1975 we rendered our opinion on a number or points arising in this and the connected criminal miscellaneous petitions. The reasons for that opinion are now set out,

(2.) THE criminal miscellaneous petitions have been made under the Code of Criminal Procedure, 1973 for the grant of bail to the petitioners.

(3.) THE facts of one of the cases, Criminal Miscellaneous Petition (Main) No. 67 of 1975, may be detailed, The petitioner Ishwar Chand and one Kamal Kapur carry on business in partnership under the name Mahabir Trading Company, Solan They deal in foodgratps. On July 8, 1975 the police accompanied by officers of the Food Supplies Department made a surprise check of the stocks of the Mahabir Trading Company. On the ground that the godowns contained 435 bags of rice and 12 bags of salt in contravention of the Himachal Pradesh Commodities Price Marking and Display Order, the police arrested Kamal Kapur. He was released on bail by the Chief Judicial Magistrate on July 10, 1975. It appears that a case has been registered under the Defence of India Rules, and a report has been submitted by the Station House Officer, Solan to the Chief Judicial Magistrate that it is proposed to arrest the petitioner also. The petitioner applied for anticipatory bail before the Chief Judicial Magistrate but the application was rejected on July 9, 1975 on the ground that the petitioner had not yet been arrested by the police nor had any warrant of arrest been issued against him and the Chief Judicial Magistrate had no power to grant anticipatory bail under Section 438 of the Criminal Procedure Code. The petitioner then applied to this Court for baif