SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(J&K) 374

SANJEEV KUMAR
Mohammad Amin Khan – Appellant
Versus
Govt. of J&K – Respondent


Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. Lone Altaf, Advocate
For the Respondent(s): Mr. D.C. Raina, AG with Mr. Rayees-ud-Din Ganai, GA

Judgment

1. The petitioner, who is booked in FIR No.112/2021 under Sections 3/7 of the Essential Commodities Act, 1955 (“the Act of 1955”), is before this Court for quashing of order dated 03.07.2021 passed by the Court of Principal Sessions Judge, Ganderbal (“the trial Court”) in bail application titled Mohammad Amin Khan v. S.H.O. Police Station, Ganderbal. He invokes the inherent powers of this Court vested by Section 482 of the Code of Criminal Procedure (hereinafter “the Code”) for declaring the offences under the Act of 1955 as bailable and consequently releasing the petitioner from incarceration. Aside the merit of the contentions raised by the learned counsel for the petitioner to assail the impugned order dated 03.07.2021, the petitioner has put entire thrust on his argument that with the cessation of the Essential Commodities (Special Provisions) Act, 1981 by efflux of time, all offences under the Act of 1955 have become bailable and, therefore, the police arresting an accused in connection with such offences is bound to release the arrestee subject to furnishing of bail bonds etc.

2. It may be noted that as per the police report, Police Station, Ganderbal received inform

            Click Here to Read the rest of this document
            1
            2
            3
            4
            5
            6
            7
            8
            9
            10
            11
            SupremeToday Portrait Ad
            supreme today icon
            logo-black

            An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

            Please visit our Training & Support
            Center or Contact Us for assistance

            qr

            Scan Me!

            India’s Legal research and Law Firm App, Download now!

            For Daily Legal Updates, Join us on :

            whatsapp-icon telegram-icon
            whatsapp-icon Back to top