STATE Vs. GOKULCHAND

JUDGEMENT

(1.) THIS is an appeal filed on behalf of the State of Madhya Bharat against the order of acquittal passed by the Sub-Divisional Magistrate Khilchipur.

(2.) ACCUSED Gokulchand s/o Bhawarlal resident of Mouja Miana was prosecuted for an offence under section 3 read with Section 7 of the Essential Supplies (Temporary Powers) Act, 1948 for transporting two cart-loads of Jwar from Miana from Sarangpur Tehsil to Jirapur in Khil-chipur Tehsil on 19-5-1954 and thereby contravening Notification No. 132/29/170 (50) dated 5-1-1951 published in the madhya Bharat Government Gazette dated 13-1-1951, issued by the Government of Madhya Bharat in exercise of its powers delegated to it under Section 4 of the act.

(3.) THE learned Magistrate found that the accused had brought two cart-loads of jwar from his village Miana, to Jirapur. He however acquitted the accused mainly on two grounds. Firstly, he held that the written charge-sheet submitted by the police for taking cognisance of the offence did not contain facts constituting the offence and that therefore his talcing cognizance of the offence was barred by the mandatory provision of Section 11 of the Act. Secondly he held that the notification, the contravention of which was alleged, was not duly proved. This rendered the prosecution unsustainable as was held in State v. Brij Lal Dhodi, AIR 1953 Madh-B 30 (A), Pannalal v. The State, 1952 Madh-B LJ 329: (AIR 1953 Madh b 84) (B) and State v. Gangaram, 1952 Madh-B LJ 426 (C ).