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1997 DIGILAW 173 (KAR)

MOHAMED KASIM BAWA v. ENFORCEMENT OFFICER

1997-03-12

A.M.FAROOQ

body1997
A. M. FAROOQ, J. ( 1 ) IN all these Criminal Petitions the only question raised by the petitioner is that in view of the common cause judgment in "common Cause" a Registered Society through its Director v union of India and Others, the proceedings before the lower court are to be quashed. ( 2 ) IN all these petitions the respondent-Enforcement Officer of employees' Provident Fund, Mangalore Division, filed complaints against the petitioner for offences under Section 14 (1-A) of Employees' Provident Fund Act, read with Paragraph 76 (d) of the Employees' Provident Fund Scheme 1952. It is stated that those proceedings have been pending since 1988, and in view of the above mentioned judgment of the Supreme Court the petitioner in these cases are liable to be acquitted. In "common Cause", a Registered Society v Union of India and others , the Supreme Court in para 4 of the judgment has given directions not to apply the principles laid down in the judgment to the cases referred in the said para. Para 4 reads as follows. "4. Directions (1) and (2) made hereinabove shall not apply to cases of offences involving (a) Corruption, misappropriation of public funds, cheating, whether under the Indian Penal Code, Prevention of Corruption Act or any other statute, (b) Smuggling, foreign exchange violation and offences under the Narcotics Drugs and psychotropic Substances Act, (c) Essential Commodities act, Food Adulteration Act, Acts dealing with Environment or any other economic offences, (d) Offences under Arms act, Explosive Substances Act, Terrorists and Disruptive activities Act, (e) Offences relating to the Army, Navy and air Force, (f) Offences against public tranquility, (g) offences relating to public servants (h) Offences relating to coins and Government Stamps (i) Offences relating to elections (j) Offences relating to giving false evidence and offences against public justice, (k) Any other type of offences against the State, (1) Offences under the taxing enactments and (m) Offences of defamation as defined in section 499, Indian Penal Code". Subsequently, the Supreme Court has clarified the order passed by it in the subsequent Judgment in "common Cause" a registered Society's case, supra. Subsequently, the Supreme Court has clarified the order passed by it in the subsequent Judgment in "common Cause" a registered Society's case, supra. In para 4 of the Order in the 1st judgment dated 1-5-1996, the Supreme Court has directed that a direction given by them for discharge and acquittal of the accused in long pending cases shall not apply to offences under the Narcotics Drugs and Psychotropic Substances Act, Essential commodities Act, Food Adulteration Act and Explosive substances Act, the offences against the public tranquility, offences relating to public servants and any other type of offences against the State. ( 3 ) IN the subsequent clarification the Supreme Court has added some more acts also to the acts already mentioned in para-4 of the said Judgment. Even offences under the Negotiable instruments Act has been excluded from the direction issued by the Supreme Court. The Employees' Provident Funds and miscellaneous Provisions Act, 1952 was an Act to provide for the institution of provident funds, family pension fund and deposit-linked insurance fund for employees in factories and other establishments. Any contravention of provisions of the said act amounts to offences against the State as mentioned by the supreme Court in para 4 of the Judgment. The offence under the said Act are therefore excluded from the direction given by the supreme Court in the above mentioned cases. ( 4 ) IN view of the same, I do not find any good ground to admit these criminal petitions. All these criminal petitions are rejected. --- *** --- .