JAGDISH PD. Vs. STATE OF RAJ.

JUDGEMENT

(1.) It is really shocking that even after two decades the trial of the present case which is of summary nature, could not be concluded and the concerned Courts have proceeded in a most un-satisfactory and leisurely manner in the trial of the case.

(2.) The facts of the case, as given out in the petition, are that business premises of firm Jadgish Prasad Prakash Chand, Lalsot was inspected by the Enforcement Officer on Jan. 21, 1974. On the charge that in stock register receipt of 41/2 drums of crude oil was not shown an FIR No. 11/74 came to be lodged against the petitioner at Police Station, Lalsot. After investigation, the police submitted a negative report, which is popularly known as 'Final Report' (FR). However, the concerned Magistrate, dis-agreeing with the final report, took cognizance against the petitioners for the offence punishable under Sec. 7 read with Sec. 3 of the Essential Commodities Act. All the petitioners had appeared in the trial Court in the year 1977 and it took more than 16 years in stating as per the petitioners, substance of the accusation/was stated/read over on Jan. 3, 1994. Even thereafter, the list of witnesses was not produced by the Additional Pubic Prosecutor till Oct. 20, 1994. Thereafter, only one witness has been examined. In such state of affairs, the petitioners have approached this Court for quashing the proceedings. Reliance is placed on Suresh Chand Agrawal Vs. State of Rajasthan, (1995 RCC 393) and Chote Lal Jain Vs. State of Rajasthan [1992 (2) RLR 98] ,

(3.) This Court, no doubt, is slow in quashing proceedings in matters relating to Economic Offences; but there are glaring and peculiar circumstances in the case compelling to allow this petition.