KOMAL CHAND ASATI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Arguments finally heard. Scrutiny of the record and the judgment of the learned Special Judge shows that it was due to the violation of Condition No. 8(j) of the bond prescribed under the M.P. (Khady Padarth) Sarvajanik Nagrik Purti Scheme, 1981 read with M.P. Food Stuffs (Distribution and Control) Order, 1960 that the appellant-accused under Sec. 3/7 of the Essential Commodities Act was sentenced to three months' R.I. and to pay the fine of Rs. 500.00 and in default of fine, to one month's R.I.

(2.) The main argument of the appellant's learned counsel is that the prescribed bond having not been filed on record and having not been proved, the appellant-accused was not liable for violation of any of the conditions of the bond and no presumption can be raised that the bond as prescribed must have been executed in order to entitle the dealer viz. the appellant-accused to make the distribution of the foodstuffs.

(3.) It is in paras 14 and 15 of the trial Court's judgment that the finding regarding violation has been given. The learned Special Court in these paras has observed that it was incumbent on the appellant to execute the prescribed bond in favour of the Government before he could distribute the fair-price commodities as per the clauses of the Scheme 1981 and since admittedly, the appellant had been distributing the food stuffs and had been maintaining registers, it was held by the learned trial Court that the appellant-accused must have excuse the prescribed bond where after, alone, he was given an authority for distribution of the food stuffs in his fair price shop.