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SUPREME COURT OF INDIA
Y.V. Chandrachud, CJI., O.Chinnappa Reddy, J.
State Of A.P.
Versus
P.Jagannadhan
Case No., 7 of 1978
Date of Decision, 11/9/82
Advocates Appeared: Rao G.N., Rao G.V., Reddy P.Ram
Iron and Steel (Control) Older, 1956 - Breach of a Control Order - Acquisition of land - High court has quashed a charge framed against respondents for breach of a Control Order who appears on behalf of appellant may perhaps be right that if attention of High court were drawn to Clause (7) as amended it would not have quashed charge - Held, Court are however of opinion that no useful purpose is likely to be served by setting aside judgment of High court and directing a trial of accused - It appears from complaint which was filed by Sub-Inspector of Police before X Metropolitan that investigation had disclosed that Cooperative Society had become defunct due to lack of finance and lack of members - If that is so it would be difficult at this distant offence bring alleged to have been committed in to collect necessary evidence to sustain charge against accused - Documents which would form Crux of evidence nature of alleged dealings and intent behind them would all be matters which long lapse of time would render difficult of dear proof – Appeal dismissed
(1) THE High court has quashed a charge framed against the respondents for breach of a Control Order. Mr Ram Reddy, who appears on behalf of the appellant, the State of Andhra Pradesh, says that the amendment which was made in 1971 to Clause (7) of the Iron and Steel (Control) Older, 1956, was not brought to the notice of the High court. Clause (7) as It originally stood, contained reference to acquisition of iron or steel in accordance with the provision of Clause (4). The amendme.nt made in 1971 deleted reference to that clause.
(2) MR Ram Reddy may perhaps be right that if the attention of the High court were drawn to Clause (7) as amended, it would not have quashed the charge. We are, however, of the opinion that no useful purpose is likely to be served by setting aside the judgment of the High court and directing a trial of the accused. It appears from the complaint which was filed by the Sub-Inspector of Police before the X Metropolitan Magiatrate, Secunderabad on 25/09/1975 that the investigation had disclosed that the Medak Cooperative Society had become defunct due to lack of finance and lack of members. If that isso.it would bedifficult at this distant date, the offence bping alleged to have been committed in 1975, to collect the necessary evidence to sustain the charge against the accused. The documents which would form the Crux of the evidence; the nature of alleged dealings and the intent behind them would all be matters which the long lapse of time would render difficult of dear proof. For that reason, we confirm the order passed by the High court and dismiss this appeal.
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