STATE OF M P Vs. SHIV PRASAD

JUDGEMENT

(1.) BEING aggrieved by the judgment and order of acquittal, passed by Special Judge, Hoshangabad, the State of Madhya Pradesh has filed this appeal under Section 378 (3) of the Code of Criminal Procedure for setting aside the judgment and order of the Trial Court. By the imugned judgment and order dated 26-3-91 the accused/respondents were acquitted of the charge levelled against them for the violation of M. P. Pulses Edible Oil Seeds and Edible Oils Dealers Licensing Order, 1977 (hereinafter referred to as the 'order') which is an offence punishable under Section 3 read with Section 7 of Essential Commodities Act, 1955 (hereinafter referred to as the 'act' ).

(2.) THE prosecution case, in brief, is that the respondents are the partners of a partnership firm namely M/s. Agrawal Brothers, Bawai. On different dates they despatched 135 bags in lin seeds to Nagpur. On 23-4-88 they despatched 130 bags of lin seeds from Bawai to Nagpur, through New Janta Transport. Similarly, on 21-3-88, 23-3-88 and 24-3-88 they despatched 120 bags of lin seeds at each occasion through R. K. Roadlines, Itarsi for sale, but they did not make any entry regarding the said lin seeds in their stock register nor they issued the necessary bills for the same. They did not send fortnightly return to the food officer and thereby violated condition Nos. 3 (1), 8 and 9 of the licence issued under the Order which is punishable under Section 3/7 (1) (a) (ii) of the Act.

(3.) DURING the course of the final arguments it was urged by the learned Counsel for the accused persons before the learned Special Judge, Hoshangabad that the prosecution in this case has been launched by the Food Inspector, Hoshangabad, who has not been duly authorised as required by Section 12-AA (1) (e) of the Act and, therefore, no cognizance of the offence alleged could have been taken by that Court and as such the whole trial vitiated and accused persons are entitled to acquittal.