VED PRAKASH DANGI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE controversy in the present application u/s 438 Cr. P. C relates to the contravention of the Rajasthan Trade Articles (Licensing and Control) Order, 1980 (for short the Order) made u/s 3 of the Essential Commodities Act, 1955. During the relevant years i. e. 1981 to 1983 different categories of coal including 'z' (domestic use) and S. L. V. (industrial use) were being brought in the State of Rajasthan from Dhanbad and other places. THE 'z' category of coal was also brought in the State of Rajasthan for domestic consumption under the sponsored scheme. THEre was a ceiling fixed for each of the State for 'z' category of coal also in those years and it was only on the allotment of the 'z'/s. L. V. category of coal by the State Government or its authorised officers that a trader could have brought the rakes allotted to him by the State Government. It appears that in both the cases with which this order is dealing under the sponsored scheme coal for domestic consumption i. e. 'z' category was being allotted to two concerns with which the petitioners are concerned namely Jaipur Coal Supply Company, Jaipur and Sunil Enterprises. THE case of the civil supply department is that under the various allotments made of 'z' category of coal to the two aforesaid concerns the quality as well as the destination were clearly mentioned. But without any change of the quality or destination the petitioner on their own in case of many rakes of coal, changed the destination from 'z' category to S. L. V. i. e. from domestic use to industrial use and the destination was also changed. THEre is sufficient material on record that during the period from 1981 to 1983 both the aforesaid concerns were allotted 'z' category of coal for domestic consumption and the destination was also mentioned therein, but not only the quality was changed from 'z' category to S. L. V. without any intimation to sale supply department but the destination was also changed on their own. This fact came to the notice of the authorities concerned and a detailed enquiry was made in the matter and ultimately under letter dated 11. 1. 1989 the Deputy Secretary to the Government of Rajasthan in Food and Civil Supply Department a report was lodged to the Deputy Inspector Police, C. I. D. where a case was registered and investigation was set in motion. It may be stated that a detailed inspection was made not only of the two concerns with which we are presently dealing i. e. Jaipur Coal Supply Company, Jaipur and Sunil Enterprises but also in respect of other concerns which were dealing with the sponsored scheme of coal and many irregularities during the period 1981 to 1983 were noticed. THE case is under investigation and the two petitions have been filed for pre-arrest bail.

(2.) THE contention of learned counsel for the petitioner is that the offence is only punishable upto two years of imprisonment and the offence is said to have taken place during the period 1981 to 1983 and, therefore, cognizance of the offence is barred as the cognizance could only be taken within a period of three years u/s 468 Cr. P. C. He also contends that at any rate the occurrence is said to have taken place in the year 1981 to 1983 and we are presently in the year 1990 and, therefore, it is a case where pre-arrest bail should be allowed to the accused petitioners.