DEVENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been preferred before this Court against the impugned order dated 5-9-1997 passed by learned Special Judge (Essential Commodities Act) (Sessions Judge), Kota in proceedings arising out of FIR No. 114/1995 P.S. Udhyog Nagar, Kota in respect of offences punishable under Ss. 3/7 of the Essential Commodities Act, 1955 (for short "The Act of 1955") and for offences punishable under Ss. 407 and 120-B, IPC whereby the petitioner's application dated 25-3-1996 was dismissed.

(2.) The questions of law which have arisen for determination of this Court in the context of the case as set up by the prosecution against the accused petitioner are formulated herein below :-

(3.) The brief facts giving rise to the filing of this Revision Petition are that an FIR was lodged against the petitioner under the Rajasthan Trade Articles (Licensing and Control) Order, 1980; Clause 3(2) of the Rajasthan Kerosene (Restriction on Use and Fixation of Ceiling Price Order, 1993; Clause 8 of Rajasthan Motor Spirit and High Speed Diesel (Prevention of Mal Practices in Supply and Distribution) Order, 1980 and Ss. 407 and 120-B, IPC in pursuance of which the petitioner was arrested on 19-4-1995 and investigation commenced on the said dates and he was enlarged on bail. The challan was filed with the concerned Magistrate on 4-4-1996.