ABDUL GHANI Vs. STATE

JUDGEMENT

(1.) This is a reference by the learned Sessions Judge of Bilaspur recommending that the conviction of one Abdul Ghani by a learned first class Magistrate for an offence punishable under Section 7 of the Essential Supplies Act be set aside and he be acquitted. Abdul Ghani is said to have committed the offence by transgression of an alleged notification under section 3 of the said Act. It is said that the controlled rate for the sale of salt fixed by that notification was -/2/- per seer but the petitioner sold the commodity at -/3/- per seer.

(2.) Under Section 3 of the said Act it was necessary for the prosecution to prove, firstly, that there was a notification controlling the price as aforesaid, and, secondly, that it was published in the official gazette as required by sub-section (1-A) (a) of the said Act. The prosecution produced neither the notification nor the gazette but the Civil Supplies Officer in lieu of both. No explanation was forthcoming for this attempt to produce secondary evidence with regard to the said facts. In cases like these it cannot be too strongly stated that production of the notification in question is absolutely necessary, for in order to find whether it has been contravened its terms have to be strictly interpreted. This cannot possibly be done without the production of the notification itself. So far as its publication is concerned, the Civil Supplies Officer does not say that this was done in the official gazette. Even supposing therefore that the statement of the Civil Supplies Officer was admissible in evidence, his testimony falls short of having established either of the two points mentioned above. That being so, the prosecution failed totally in this case to bring the guilt home to the petitioner. The learned Government Advocate drew my attention to the fact that the petitioner had pleaded guilty to the charge. When, however, the existence of the very offence has not been established the plea of guilty has no meaning.

(3.) The reference is accepted and the conviction and sentence of the petitioner are set aside and he is acquitted. The fine, if already realised, shall be refunded to him. Reference accepted.