JAI CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this application under Section 482 of the Code of Criminal Procedure petitioner Jai Chand has prayed for quashing the proceedings against him under Section 3/7 of the Essential Commodities Act (here in after to be referred as 'the Act') pending before the Special Judge, Sirohi.

(2.) ON December 17, 1982 shop of the petitioner was inspected by the Enforcement Inspector. A complaint against him was filed in the Court of Special Judge, Sirohi on the ground of violation of Rule 6(a) of the Rajasthan Cattle Fodder (Sale of Stock and Prohibition of Export) Order, 1981 (for short 'the Order'). The allegations were that the petitioner had imported 25 bags of Guar from Gujarat to Abu Road by Truck No. RJQ 4162 and thus violated the provisions of the Order. A number of grounds have been raised in the petition for getting the proceedings pending before the Special Judge, Sirohi quashed, but the learned Counsel for the petitioner confined his arguments to the point that the Order of 1981 ceased to have force on July 31, 1983. As such after the expiry of that temporary statute no prosecution under Order can be launched or continued on the ground of violation of any provision of that statute.

(3.) THE pertinent question calling for determination is as to whether the proceedings in the case under the Act which was in force when the alleged offence is said to have been committed can be continued when the complaint and the chargesheet have been filed when the Order had already ceased to have force.