RAJA RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a petition in revision against an order passed by SDM Orai in case No. 196 of 1963 PS Orai Under Sec. 7 Essential Commodities Act dated 30 -4 -1964 which was affirmed by the Sessions Judge Orai in revision by the order dated 27 -3 -1965.

(2.) It appears that on 17 -10 -1963, seventy -six bags of wheat each containing 90 kilograms of wheat were recovered from the godown of one Messrs Ram Gopal and Ram Behari. It was alleged that the consignment of wheat was kept by Debi Prasad accused for sale without obtaining a licence therefor. After investigation was made, Debi Prasad was charge sheeted Under Sec. 7 of the Essential Commodities Act.

(3.) The stand taken by Debi Prasad was that the bags of wheat so recovered did not belong to him; that he was a palledar of Ram Gopal and that the same belonged to one Raja Ram, who was a cultivator or farmer. The learned Magistrate came to the conclusion that the prosecution had (to use his own words) "miserably failed to prove the case Under Sec. 7 of the Essential Commodities Act read with Sec. 3(1) of the U.P. Food Grains Dealers Licensing Control Order, 1953" against the accused. The accused was, therefore, held not guilty of that offence and was acquitted. The learned Magistrate, however, proceeded to direct that the consignment of 76 bags of wheat so recovered would stand forfeited to the State Government.