STATE OF MAHARASHTRA Vs. MUNAFKHA LUKMANKHA PATHAN

JUDGEMENT

(1.) IN this appeal the State challenges the order of acquittal passed in favour of the accused who is respondent before me. The respondent was charged before the learned Judicial Magistrate, First Class, Nandurbar, for having committed offences punishable under Section 7 (1) of the Essential Commodities Act, 1955, and sub-rule (9) of Rule 125 of the Defence of India Rules, 1962.

(2.) THE case of the prosecution against the accused was that on the 1st November 1964 at about 8. 30 a. m. P. S. I. Nalwade who was attached to the Dhadgaon Police Station raided the grocery shop of the accused at Dhadgon, District Dhulia, on information received by him that the accused possessed foodgrains weighing more than 25 Quintals and further that he had not made a declaration of his stocks to the authorities as required in the relevant orders which I will refer to presently. In the search that P. S. I. Nalwade took of the shop of the accused he found that the accused had stored in his shop 8 Quintals and 57 Kilograms of grain known as 'dadar' 7 Quintals and 37 Kilograms of wheat, 1 Quintal and 83 Kilograms of rice, 2 Quintals and 99 Kilograms of gram flour, 80 Kilograms of gram Dal, 2 Quintal and 40 Kilograms of Maida and 31 Kilograms of wheat flour. Thus, the total quantity of foodgrains which was found to be stored by the accused in his shop was 25 Quintals and 27 Kilograms. The prosecution case was that the accused was carrying on the business of sale and purchase of foodgrains without licence as required by the Maharashtra Foodgrains Dealers' Licensing Order, 1963, (hereinafter referred to as "the Licensing Order"), which was issued under S. 3 of the Essential Commodities Act, 1955, and therefore the accused was guilty of an offence punishable under section 7 (1) of the Essential Commodities Act, 1955. The prosecution case further was that the accused had stored these foodgrains without declaring them as required by the Maharashtra Foodgrains (Declaration of Stocks) Order 1964, (hereinafter referred to as "the Declaration of Stocks Orders) issued under Rule 125 of the Defence of India Rules, 1962, and that therefore the accused was guilty of the offence publishable under sub-rule (9) of rule 125 of the said Rules.

(3.) THE accused admitted that a search was made in his shop by P. S. I. Nalawde on the day in question and foodgrains were attached from his shop, but his case was that the foodgrains that were attached were not weighing 25 Quintals and 27 Kilograms. His defence further was that the two Order, viz. , the Licensing order and the Declaration of Stocks Order, were not duly published and consequently he could not he held guilty of the offences charged against him. He also pleaded that he was an agriculturist and therefore was not liable to declare stock up to 25 Quintals of foodgrains under the Declaration of Stocks Order.