NIRMAL YADAV, J. - (1.) VIDE this petition, the petitioners have basically challenged the power of the trial Court to take cognizance of the offences alleged against the petitioners on the basis of investigation carried out after expiry of six months as provided under Section 167(5) of the Code of Criminal Procedure (in short 'the Code').
(2.) THE allegation against the petitioners firstly, was that they were found in possession of 2000 litres high diesel oil without any permit or licence and thereby contravened the provisions of Punjab Light Diesel Oil and Kerosene Dealers Licences Order, 1970 and secondly, that petitioners had not displayed the stock position of the high diesel oil. Alleging the aforesaid offences, FIR No. 32 dated 11.3.1988, under Section 7 of the Essential Commodities Act, 1955 (in short 'the Act') was registered against the petitioners at Police Station Jagraon, District Ludhiana. It is pleaded that police was not able to put challan in Court for almost 3 years and challan was presented on 6.2.1991. It is further pleaded that charges framed against the accused on the basis of the investigation conducted beyond six months, are contrary to the provisions of Section 167(5) of the Code and, therefore, the same cannot be entertained. Thus, the entire trial is vitiated. In the reply by way of affidavit of Jaswant Singh, Inspector, SHO, Police Station City Jagraon, filed on behalf of State, it has been stated that delay in filing challan in the Court was on account of extra-ordinary circumstances viz. prevalence of terrorism in the State at that time. It is further stated that no limitation for filing challan has been prescribed. There is no provision of discharge in such a case.
(3.) I have heard the learned counsel for the parties and perused the material on record.;