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 information through reliable sources on 21.06.2021 that the petitioner, a shopkeeper at Beehama, had stored kerosene oil illegally and was selling the same to the public at large at exorbitant rates. On receipt of the information, the police registered case FIR No.112/2021 for commission of offences under Section 3/7 of the Act of 1955. The investigation was set in motion and during investigation a huge quantity of kerosene oil totalling 14960 litres was recovered from the possession of the petitioner. The seizure memo was prepared, samples were taken in presence of the Executive Magistrate, Ganderbal, sent to the FSL for opinion and statements of the witnesses under Section 161 Cr.P.C. were also recorded. The police found the offences alleged against the petitioner having been established. Apprehending his arrest, the petitioner approached the Court of learned Sessions Judge, Ganderbal under Section 438 Cr.P.C. for grant of bail in anticipation of his arrest. It appears that initially the trial Court vide its order dated 22.06.2021 granted interim anticipatory bail, but upon receipt of police report and after hearing the prosecution, the trial Court found the application meritless and dismissed the same. The question as to whether the offences under the Act of 1955 were bailable or non-bailable was not gone into.

3. From the impugned order it clearly transpires that the trial Court treated the offences under Sections 3/7 of the Act of 1955 as non-bailable and, therefore, entertained the application for bail in anticipation of arrest under Section 438 of the Code. Needless to point out that an application under Section 438 of the Code would lie only where a person apprehends his arrest on accusation of having committed a non-bailable offence. With the dismissal of anticipatory bail application by the trial Court the petitioner was arrested in the FIR. It is this order of the trial Court dated 03.07.2021 the petitioner is aggrieved of. The petitioner claims that instead of filing fresh bail plea before this Court or applying for regular bail before the Court below, the petitioner has invoked the inherent jurisdiction of this Court under Section 482 of the code for the reason that the petitioner believes and is sure that the offences under the Act of 1955 are bailable and, therefore, it is obligatory on the police to release the petitioner form custody subject to submission of requisite bail bond/surety bond. It is in this backdrop, the petitioner also prays for issuance of general directions to all the Courts and the Police Stations that the offences under the Act of 1955 are bailable and, therefore, a person arrested, if he is ready to submit bail, he should be released forthwith.

4. Having heard learned counsel for the parties and perused record, I am of