PUNJAB AND HARYANA HIGH COURT
Adarsh Kumar Goel, J.
R.K. Thukral - Petitioner
Versus
State of Punjab - Respondent
Criminal Misc No. 5178-M of 2004.
Decided On : 10 February, 2004
Anticipatory Bail - Essential Commodities Act - The court granted anticipatory bail to the petitioner under section 7 of the Essential Commodities Act, 1955 read with Clause 19 of Fertilizer Control Order, 1985, allowing the petitioner to apply for regular bail if needed and imposing conditions for release on bail.
Fact of the Case:
The petitioner was alleged to have committed an offence under section 7 of the Essential Commodities Act, 1955 read with Clause 19 of Fertilizer Control Order, 1985, based on a sample of fertilizer found to be deficient.
Finding of the Court:
The court granted anticipatory bail to the petitioner till the conclusion of investigation or three months, whichever is later, and allowed the petitioner to apply for regular bail. Conditions for release on bail were also imposed by the court.
Issues: Alleged offence under the Essential Commodities Act, 1955 and Fertilizer Control Order, 1985, custodial interrogation, and bail provisions.
Ratio Decidendi: The court considered the nature of the alleged offence, the petitioner's argument against custodial interrogation, and the provisions for anticipatory and regular bail, leading to the decision to grant anticipatory bail with specified conditions.
Final Decision: The petition was allowed, and the petitioner was granted anticipatory bail with conditions for release on bail.
Adarsh Kumar Goel, J. - Heard.
Offence alleged agaisnt the petitioner is under section 7 of the Essential Commodities, Act, 1955 read with Clause 19 of Fertilizer Control Order, 1985.
2. Case of the prosecution is that a sample of fertilizer was taken which was manufactured by the company represented by the respondent and the same was found to be deficient. It is stated in the petition that custodial interrogation of the petitioner will not serve any purpose.
3. Without expressing any final opinion on the merits of the case, the petitioner is granted anticipatory bail till conclusion of investigation or three months whichever is later during which the petitioner will be free to apply for regular bail to the concerned court in accordance with law. If bail is declined, the petitioner will be given two weeks time to apply for bail in this Court.
4. In the event of arrest, petitioner will be released on bail on furnishing bail bonds to the satisfaction of the arresting officer on the conditions that the petitioner will not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; he will not interfere with the prosecution evidence directly or indirectly; he will not leave the country without the previous permission of the Court; he will associate with the investigation as and when called by the police and that he will surrender the passport, if any.
The petition is disposed of.
Petition allowed.
AI
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.