CHENNAKESAV REDDY, A. C. J.

( 1 ) THE question that arises in this case is whether the doctrine of anticipatory bail enshrined in Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code ) can be invoked by the persons accused of economic offences punishable under the Essential commodities Act, 1955 (hereinafter referred to as the Act ), When the case came up for hearing before Ramanujulu Naidu, J. , the learned Judge referred it to a Division Bench as he felt having regard to the general interest and public importance of the question and the divergence of judicial opinion on the same, an authoritative pronouncement by a Division Bench was desirable. So the case is now posted before us.

( 2 ) THE petitioner is a commission agent appointed by the Andhra pradesh State Civil Supplies Corporation Limited and also by the Andhra pradesh State Essential Commodities Corporation Limitted for the distribution of essential commodities like cement, sugar, rice, wheat, palmoline oil etc. , in Satyaveedu taluk, Chittoor District. He filed an application invoking the provisions of Section 438 of the Code and seeking anticipatory bail in the event of his arrest al

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