ENFORCEMENT INSPECTOR CIVIL SUPPLIES DEPT Vs. VIMAL KUMAR

JUDGEMENT

(1.) ORDER :- On inspection of business premises of Vimal Kumar, who was the sole Proprietor of M/s. Jhandi Prasad Parmeshwar Lal. Chirawa, Distt. Jhunjhunu, dealing in kerosene oil, the Enforcement Inspector found the petitioner storing kerosene oil in huge quantity at his petrol pump and to have committed serious irregularities in maintaining the accounts. The Enforcement Inspector was of the opinion that the petitioner had stored kerosene oil in order to mix the same will petrol. The Enforcement Inspector, therefore, lodged FIR No. 222/94 against the petitioner at Police Station Chirawa for offence committed under the Essential Commodities Act. He had earlier found the applicant selling petrol after mixing kerosene therein and lodged FIR No. 336 of 1994 with Police Station Kotwali, Jhunjhunu in that behalf. Any way, on investigation of FIR No. 222/94, the Station House Officer/Investigating Officer of the case prepared charge-sheet No. 44 on 14-5-95. But before he could have submitted the charge-sheet in the Court, he received letter No. 548 dt. 21-3-96 from the Superintendent of Police, Jhunjhunu ordering cancellation of the proposed report under Section 173(2) Cr. P.C. against the petitioner. Thereupon, the In-charge of the police station had to submit/and did submit a final report on 21-3-96 in the case to the concerned Special Judge.

(2.) On communication of the result of investigation to him the Enforcement Inspector filed a protest petition on 21-11-96. The learned Spl. Judge made the following order on the protest petition so filed by the Enforcement Inspector

(3.) The protest petition having been dismissed in the manner stated above, the Enforcement Inspector approached this Court under Section 397 r.w. Sec. 401, Cr. P.C. In that petition the present petitioner Vimal Kumar and State of Raj. were arrayed as parties. After hearing the Enforcement Inspector-complainant, this Court was of the opinion that the impugned order, on the face of it, suffered from illegality and invalidity in as much as that after receipt of the protest petition the learned Spl. Judge had not followed the procedure prescribed under Section 200 and 202 Cr. P.C. This Court, therefore, vide its order dt. 3-8-98 set-aside the order of the learned Spl. Judge dt. 27-2-90 and directed him to conduct further inquiry under Section 398, Cr. P.C. and make appropriate orders according to law. This Court further observed that before passing the orders the learned Spl. Judge may also consider whether the Superintendent of Police Jhunjhunu should or should not have directed Station House Officer (In-charge of investigation in the present case) not to file the charge-sheet against the present petitioner. This petition under Section 482, Cr. P.C. moved by Vimal Kumar petitioner, seeks recalling of the said order on the following grounds :