LAKSHMI NARAIN Vs. STATE OF U P

JUDGEMENT

(1.) THE applicant accused was prosecuted under section 3/7 of the Essential Commodities Act and also Rule 114 of Defence of India Rules. THE prosecution case was that on 23-7-76 the Sub-Divisional Officer and the Station in charge, Jalaun inspected the shop of the applicant at about 2 P. M. and found that the applicant had not displayed on the Notice Board outside his shop the stock of Vanaspati ghee. Inside the shop 81-1/2 Kg. of Vanaspati ghee was in the stock. F. I. R. was lodged on the same day at 4.15 P. M. THE following charge was framed by the Chief Judicial Magistrate, Orai against the applicant : "That you on 23-7-76 at 2 P. M. in Mohalla Baith Ganj town, P. S. and Distt. Jalaun were found dealing in Vanaspati a Scheduled commodity and you were found in possession of (sic) clause 4 of U. P. E. C. (Price Display and Control of Supply and Distribution) Order 1975 and thereby committed an offence punishable under rule 114 (2) of the DIR and within my cognizance".

(2.) BEFORE framing of charge it may be noticed that the accused was also examined under section 313 CrPC. In reply to a question as to whether the accused had to say anything the accused had replied as follows :- "Mera stock board-rate list sahi the Nagar Palika Chairman se jhanjhat hone ke karan mujhko jhoota phansaya gaya hai." Another question was also put to the accused as follows :-

(3.) RELIANCE has also been placed on a decision of this Court reported in Jai Prakash v. State, 1979 AWC 755. The case related to prosecution under the Essential Commodities Act for violating the provisions of U. P. Food Grains Licensing Order 1964. In the aforesaid case it has been held that in order to make out a case of contravention of clause 3 of the aforesaid Order it was necessary for the prosecution to show that the accused was a dealer engaged in the business of the foodgrains and in possession of more than ten quintals of foodgrains on a solitary occasion would not make him a dealer within the meaning of clause 2 (a) of the aforesaid Order. Section 2 (b) of the Order defines a retailer as under : "retailer" means a person engaged in the business of purchase, sale or storage for sale of any scheduled commodity by reltail and includes his representative or agent..."