SUDARSHAN LAL GUPTA Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) Petitioner was convicted under Section 7(l)(a)(i) of the Essential Commodities Act, 1955 and was sentenced to undergo till the rising of the court and to the payment of fine of Rs. 1500.00 in default of payment of which he was required to undergo simple imprisonment for 4 months Shri J.D. Dhanoka, Metropolitan Magistrate, Delhi by his orders dated 22-11-1983 and 24-11-1983

(2.) Aggrieved by this order the petitoiner preferred an appeal No. 43 of 1983 which was heard by Shri K.B.Andley, Additional Sessions Judge, Delhi who after setting aside the conviction and sentence recorded by the learned Metropolitan Magistrate, directed the case to be remanded back to the Metropolitan Magistrate for recording fresh evidence and to ascertain the fact asto whether M/s. Kanwar Sain Coal Depot in the name of which the Licence No. 404 was issued was a partnership firm or whether the petitioner was its sole proprietor. This was done in pursuance of the contention of the appellant before him that the firm M/s. Sain Coal Depot, licencee, was a partnership firm and without the said firm being prosecuted no action could lawfully be taken against the appellant, one of its partners.

(3.) Aggrieved by this order of the learned Additional Sessions Judge, Delhi dated 28th May, 1984, the petitioner preferred the present revision petition.