STATE OF MAHARASHTRA Vs. NANJI KARAMSHI CHHEDA

JUDGEMENT

(1.) The short point that arises for decision in this appeal against acquittal is whether the accused could be said to be dealers within the meaning of the Maharashtra Gur and Khandasari Dealers Licensing Order, 1963 (herein after referred to as the said Order).

(2.) The admitted facts are that on 12th March, 1975, the Deputy Controller of Rationing arranged a raid on a firm called Ganesh Trading Company at Byculla, of which the accused are partners. A bogus customer named, Chandrakant was sent to purchase jaggery. In the presence of panchas, he was given a marked note of Rs. 5/- to buy 2 Kgs. of jaggery from the said shop and a panchanama to that effect was made. The bogus customer purchased 2 Kgs. of jaggery and thereafter gave a signal to the riding party, pursuant to which the riding party seized the gur as well as the marked currency note under a panchanama. They also searched the shop of the accused and found that there was a stock of about 15,000 Kgs. of jaggery. The accused had no licence to trade in the commodity. Hence they were charge-sheeted and prosecuted before the learned Metropolitan Magistrate, 25th Court, Mazgaon, for the offence under section 7 of the Essential Commodities Act read with clause 3 of the said order.

(3.) The accused admitted that they had a stock of 15,000 Kgs. of Jaggery and that they had sold on the date in question 2 Kgs. of jaggery to Chandrakant. However, they contended that they were not dealers within the meaning of the said order. The learned Magistrate accepted the defence and relying upon a decision of the Supreme Court reported in (Manipur Administration v. Neel Chandra Singh) of 1964(2) Criminal Law Journal at page 465, acquitted the accused of the said offence. It is aggrieved by the said order dated 19th October, 1976, that the State has preferred the present appeal.