Appeal by Special Leave from the Judgment and Order dated the 30th September, 1975 of the Madhya Pradesh High Court in Criminal Misc.
This application having been rejected by the Sessions Judge, the petitioner moved the High Court and that too unsuccess fully.
The Judgment of P. N. Bhagwati and A.C. Gupta J.J. was delivered by Bhagwati, J. Fazal Ali, J. gave a separate companycurring opinion.
On July 23, 1975 a Magistrate along with the Food Inspector and a number of police officers visited the shop of the petitioner and took posses sion of his account books and started verifying their company rectness.
The circumstances under which the appeal arises may be detailed as follows The petitioner was a businessman of Nowgong Cantonment carrying of the retail business of Kirana merchandise and other things for a large number of years and had been maintaining proper accounts regarding the sale of kero sene oil and other articles.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
286/74 dated April 15, 1975, held that as the matter was fully companyered by those two authorities, the petition merited summary rejection.
Ram Panjwani, H.S. Parihar and I. N. Shroff for the Respond ent.
Case No.
325 of 1975.
The same party made a second visit to the shop of the petitioner on July 25, 1975 and took away Bahi Khatas and Rokar kept in the shop of the petitioner.
1112 of 1975.
After prepar ing a seizure memo, a companyy of the same was given to one Nathuram a relation of the petitioner, the petitioner being absent on that day.
Having regard to these facts, the petitioner who had a genuine apprehension that he might be arrested, for companytravention of the provisions of the Defence of India Act and the Rules made thereunder which admitted ly was a number bailble offence, approached the Sessions Judge for passing an order for anticipatory bail under the provi sions of s. 438 of the Code of Criminal Procedure, 1973.
Thereafter the peti tioner field an application for special leave which, having been granted, the appeal has number been placed before us.
M. Tarkunde and Pramod Swarup for the Appellant.
Hence this appeal by special leave.
