SURESH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned public prosecutor on behalf of the State. Suresh Chandra alias Sohan Lal has moved this application under section 438 Cr. P.C. for a direction that in the event of his arrest the accused-petitioner should be released on bail in connection with F.I.R. No. 10/84 lodged at Police Station, Salempur for offence under section 3/7 of the Essential Commodities Act.

(2.) According to the prosecution some Kerosene oil was recovered from one Raghaveer. Raghaveer during interrogation by the police gave the statement that in fact the owner of this Kerosene oil is Suresh Chand alias Sohan Lal. Both Raghaveer as well as Suresh Chand are facing the investigation for offences of having Kerosene oil without a licence under section 3/7 of the Essential Commodities Act read with the Rajasthan Trade Articles Licensing and Control Order. 1980.

(3.) This bail application was considered by the learned Single Judge and reference was made to a larger Bench. A larger Bench consisting of Mr. Justice N. M. Kasliwal and Mr. Justice S. N. Bhargava has held that even in cases of Essential Commodities Act the jurisdiction of this Court to grant bail under section 438 Cr. P.C. is uneffected. It has got power to grant anticipatory bail to a person accused of Essential Commodities Act.