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Judgment
9 paragraphs · 330 wordsMahabir Singh Sindhu , J.
The present petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the petitioners in case FIR No.37 dated 18.03.2016 registered under Section 7 of the Essential Commodities Act 1955 read with Section 19(C) of the Fertilizer (Control) Order, 1985 at Police Station Lopoke, Amritsar Rural, District Amritsar.
On 05.06.2018, the following order was passed by this Court:-
" Counsel for the petitioner has submitted that the FIR has been lodged on the ground of the fertilizer having been found of nonstandard in the retailer's possession, namely, M/s J.K. Khaiti Store. The petitioner is a Deputy
General Manager (Marketing) in M/s Chambal Fertilizers and Chemicals Limited and now posted at Hisar. It is submitted that in such circumstances the non-standard aspect as such cannot be attributed to the petitioner. It is further submitted that the petitioner has not kept away from the investigation as such and a wrong statement as such has been made on an earlier occasion, which led to withdrawal of the anticipatory bail application on 09.05.2018 (Annexure P-4).
Accordingly, the interim relief is granted and it is directed that the petitioner shall join investigation and in the event of arrest of the petitioner, he shall be released on ad-interim bail by the investigating officer. The petitioner shall join investigation as and when required and shall comply with the conditions laid down in Section 438 (2) Cr.P.C."
It is contended by learned counsel for the petitioner that in terms of the order dated 05.06.2018, the petitioner has joined investigation on 20.06.2018 and his custodial interrogation is no longer required.
On instructions from ASI Jatinder Singh, the above factual position is duly acknowledged by learned State counsel and stated that the custodial interrogation of the petitioner is no longer required.
In view of the above, the order dated 05.06.2018 is made absolute subject to the provisions of Section 438(2) Cr. P.C. Petition stands disposed off.