Om Prakash vs State of Rajasthan

Amaresh ku. Singh, J

Heard the learned counsel for the petitioner and the learned Public Prosecutor for the State.

By this petition u/s 482 of the Criminal Procedure Code, it is prayed by the petitioner that the proceedings of the Criminal Original Case No. 197/1977 State v. Om Prakash, pending in the Court of the Chief Judicial Magistrate, Bhilwara, against the petitioner be quashed.

The learned counsel for the petitioner has submitted that there is no evidence to prima facie show that the petitioner was in any way involved in or was responsible for the commission of the alleged offences punishable u/s 3/7 of the Essential Commodities Act and, therefore, the initiation as well as continuance of the proceedings against the petitionier amounts to abuse of the process of the Court.

The learned Public Prosecutor has opposed this petition.

According to prosecution, the firm M/s. Bhilwara Trading Co. owns a shop situated in market No. 2, at Bhilwara. On 31-12-1976, the Enforcement Officer conducted inspection of the shop and prepared the memo of checking. Contravention of certain conditions of the licence was detected during checking and it was found that the company had committed the offence punishable u/s 3/7 of the Essential Commodities Act. Complaint was filed by he Enforcement Officer against four persons, including the petitioner. The cognizance of the offence was taken on 1-9-1977 and process was issued against the accused persons on the same day. The case could not be disposed of because of the absence of the accused petitioners.

The memo of inspection dated 31-12-1976 shows that at the time of the inspection Om Prakash son of Ram Niwas, a partner in the firm and Shri Jai Narayan Munim were present. In the complaint, five persons including the petitioner were shown as accused persons.

The learned counsel for the petitioner has submitted that the petitioner was not present at the time of checking; and there is neither any allegation nor any evidence to show that the petitioner was incharge of the shop which was inspected nor it is shown that the petitioner was in any manner liable for the offence committed by the company and therefore, the initiation of proceedings and the continuation of proceedings against the petitioner amounts to abuse of the process of the Court.

The offence under the Essential Commodities Act may be committed by one or more persons or by the company or by both. If the offence is committed by one or more persons, they are liable to be prosecuted and Section 10 of the Essential Commodities Act would not apply. If the offence is committed by a company, Section 10 of the Essential Commodities Act Japplies. In order the liability for the offence committed by a company may be fixed on one or more persons, it is necessary that the conditions laid down in Section 10 of the Essential Commodities Act should be complied with.

In the instant case, there is no allegation in the complaint that the petitioner was in any manner responsible for the offence committed by the company which owned the shop. I therefore, find force in the submission that there were no sufficient grounds to proceed against the petitioner u/s 204 of the Criminal Procedure Code for the offence u/s 3/7 of the Essential Commodities Act committed by the Company. Therefore, it must be held that the continuance of the proceedings against the petitioner amount to abuse of the process of the Court and it is a fit case in which the proceedings which were initiated against the petitioner should be quashed.

For reasons stated above, the petition is hereby allowed. The proceedings of the Criminal Case No. 197 of 1977 State v. Om Prakash pending against the petitioner in the Court of Chief Judicial Magistrate, Bhilwara, are hereby quashed. The learned Chief Judicial Magistrate, Bhilwara is directed to expedite the trial against the other accused persons. If any accused person is absconding and there is no prospecting of enforcing his appearance within a period of 3 months, his case may be separated and evidence may be recorded against him u/s 299 of the Criminal Procedure Code after passing proper order. A copy of this order along with the record be sent to the Chief Judicial Magistrate, Bhilwara for information and necessary action.