NATHULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant is a dealer in foodgrains at Dhar in Madhya Pradesh. He was prosecuted in the Court of the Additional District Magistrate, Dhar, for having in stock 885 maunds and 2 1/4 seers of wheat for the purpose of sale without a licence and for having thereby committed an offence under S. 7 of the Essential Commodities Act, 1955 (Act X of 1955), hereinafter called the Act. The appellant pleaded that he did not intentionally contravene the provisions of the said section on the ground that he stored the said grains after applying for a licence and was in the belief that it would be issued to him. The learned Additional District Magistrate, Dhar, found on evidence that the appellant had not the guilty mind and on that finding acquitted him. On appeal a Division Bench of the Madhya Pradesh High Court, Indore Bench, set aside the order of acquittal and convicted him on the basis that in case arising under the Act "the idea of guilty mind" was different from that in a case like theft and that he contravened the provisions of the Act and the order made thereunder. It sentenced the appellant to rigorous imprisonment for one year and to a fine of Rs. 2,000 and in default of payment of the fine he was to undergo rigorous imprisonment for six months. Hence the appeal.

(2.) Mr. Pathak, learned counsel for the appellant, mainly contended that mens rea was a necessary ingredient of the offence under s. 7 of the Act, that as on the finding given by the learned Magistrate the appellant had no intention to contravene the provisions of the Act and the Order made thereunder, the High Court went wrong in setting aside the order of acquittal.

(3.) The material provisions of the Act and the Order made thereunder may be read at this stage: