9911796707
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Issues:
1. Delay in filing the complaint against the accused. 2. Allegation of contravention under the Essential Commodities Act. 3. Validity of summoning process issued by the Magistrate. 4. Interpretation of the committal process under the Essential Commodities Act. 5. Concerns regarding summary trial procedures. 6. Transfer of the case to the Special Court under the Essential Commodities Act. Analysis: 1. The petitions concerned two accused groups under Section 482 of the Code of Criminal Procedure, challenging a complaint alleging violation of the Fertilizer Control Act, 1957 and the Essential Commodities Act, 1955. The accused sought to quash the case on the grounds of delay in filing the complaint, lack of explanation for the delay, and the inability to effectively present their case due to the delay. 2. The learned Counsel for the petitioners argued that only individuals responsible for the company's business conduct could be held accountable under the Essential Commodities Act. They contended that the complaint did not establish the involvement of all accused in the business operations. Additionally, concerns were raised about the reputational impact and inconvenience caused by the issuance of summons without proper justification. 3. The Public Prosecutor countered by citing a judgment that altered the requirement of presenting complaints under the Essential Commodities Act directly to the designated court, rather than the territorial Judicial Magistrate. This change was based on a Supreme Court decision, rendering the previous procedure obsolete. Consequently, the summonses issued by the Magistrate were deemed invalid, and the complaint was directed to be sent to the Essential Commodities Act Court. 4. Emphasizing that issuing process should not be a mechanical action, the Court acknowledged the necessity of a thorough examination of the complaint and relevant legal provisions before proceeding against the accused. The Court highlighted the importance of ensuring sufficient grounds for commencing legal action against each accused individual. 5. Concerns were raised about the summary nature of the proceedings, potentially leading to immediate trials without formal charge framing. While the Code of Criminal Procedure allows for trials without formal charges, clarity and understanding of the accusations were deemed crucial, especially in cases with the possibility of significant imprisonment terms. 6. Ultimately, the Court directed the transfer of the case to the Special Court established under the Essential Commodities Act in Coimbatore. The Special Court was tasked with conducting a fresh assessment of the matter, ensuring compliance with legal procedures, and handling the case anew. The Magistrate was informed of this transfer, and the summonses issued by the Judicial First Class Magistrate were quashed. In conclusion, the petitions were partially allowed, with the summonses issued by the Magistrate being invalidated, and the case being transferred to the Special Court for further proceedings.
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