RAMCHANDRA PANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure has been filed with a prayer to quash the criminal proceeding initiated against the petitioner and others which arises out of Laukaha (Khutauna) P. S. Case No. 0093 dated 21 -10 -1984 (G. R. Case No. 691/84) instituted under Section 7 of the Essential Commodities Act. 1955 (for short 'the Act'). This case is pending trial before the Special Judge (E.C. Act), Madhubani. According to the prosecution, the petitioner is one of the partners of M/s. Pansari Auto Service, a petrol and diesel oil dealer. It is said that on 20th October, 1984, a truck belonging to Kosi Kanal Project having its registration No. BRX 8856 came to the petrol pump and purchased diesel under cash memo Nos. 316, 317 and 318 dated 20th October, 1984, for 400 litres, 200 litres and 400 litres respectively, it is said that the driver got the drams containing the diesel loaded on the truck and went away. On the following day, i.e. 21 -10 -1984, the Assistant Sub -Inspector of Police, Khutauna, found the truck bearing registration No. BRX 8856 unloading certain drums of diesel and mobil oil in the premises of the Middle School. Out of the three persons, who were engaged in unloading the truck, two managed to escape but the third Jagti Thakur was arrested, who claimed part of the diesel as his own. First Information Report was subsequently ledged at Laukaha police station on the basis of which investigation started and the petitioner was arrested on 22 -6 -1985. After completion of investigation charge -sheet was submitted on 20 -7 -1985 and cognizance has taken 16 -8 -1986. The petitioner, along -with others, is now facing trial before the Special Judge (E. C. Act), Madhubani.

(2.) MR . Bharukd appearing on behalf of the petitioner raised a very interesting question. He did not dispute that the offence alleged provides a maximum sentence of 7 years under Section 7 of the Act, but learned Counsel contended that under proviso to Clause (f) to Section 12 -AA of the Act, it will be lawful for the Special Judge to pass a sentence of imprisonment for a term not exceeding 2 years. He, therefore, contended that the case becomes a summons -case and since the investigation continued beyond six months from 21 -10 -1986 (when Jugti Thakur, the accused was arrested) without satisfying the Magistrate that for special reasons and in the interest of justice the continuation of the investigation beyond six months was necessary, the same became illegal. Learned Counsel, therefore, submitted that any action taken on the basis of this illegal investigation should be quashed. As I have said above, the argument is quite interesting and Mr. Bharuka tried to bring through his point of view with great skill and persuasive advocacy. In order to appreciate the argument, it will be proper to refer to certain provisions of the Act and the Code of Criminal Procedure at this stage itself.

(3.) I have mentioned above different provisions of the Code of Criminal' Procedure and the Essential Commodities Act which have been referred to by Mr. Bharuka and which will have to be considered by me in this judgment,