OM PRAKASH Vs. STATE

JUDGEMENT

(1.) This petition is directed against the order of Chief Judicial Magistrate, Jhunjhunu dated 8th Nov., 1989 against the charge framed against the petitioner for offence under Sec. 3/7 of the Essential Commodities Act.

(2.) The brief facts of the case are that a complaint was filed in the Court of Chief Judicial Magistrate, Jhunjhunu on 11.5.78 by Mange Lal, Enforcement Inspector, Chirawa alleging therein that the accused petitioner, holder of Licence No. 8/Sugar/1976-77 dated 18.6.1976 for distributing of Sugar, misused 65 kgs.levy sugar by manipulating in the unit register for the months of Sept. and Oct., 1976. The complaint was forwarded to the concerned police station. A case was registered under Sec. 3/7 of EC Act and chargesheet was filed. Charges against the accused were framed on 18.11.1989. Against that, the petitioner has filed this petition for quashing the charges.

(3.) Learned counsel for the petitioner submitted that the so called offence was committed in the year 1976 and now we are in 1992, about 16 years have elapsed and so far only charges are framed, therefore, on account of delay the charges levelled against the petitioner for the petty offences be quashed. He also drew my attention to the statement of Vithal Gopal Assistant District Supply Officer, Bundi wherein he admitted that there are cases in that Municipal area where some bogus cards are in existence but it is impossible to check them.