STATE OF MADHYA PRADESH Vs. PANNALAL AND OTHERS

JUDGEMENT

(1.) This is an appeal, by the State, against the order of acquittal of the respondents of the charges under section 3 read with section 7 of the Essential Commodities Act, 1955, for contravention of clause 8 of the Madhya Pradesh Foodgrains Dealers Licensing Order, 1965 (hereinafter referred to as 'the Order').

(2.) Virendra Singh Rajput (P.W. 4), Station Officer, Silwani, during hisvigilence round, on Dec. 30, 1980, found respondent Laxman Singh (respondent No. 2) carrying rice and sugar in a trolly of tractor MPD 5575. His servants Sauram and Pannalal (respondents Nos. 1 and 3) were with him in the said trolly. He seized stock of rice and sugar as per seizure memo, Ex. P 1. Thereafter, he recorded first information report, Ex. P 3. He addressed a memo (Ex. P 2) to the Food Inspector asking him whether the stock in question was supplied to Laxman Singh for distribution from the fair price shop and other records concerning issue of foodgrains to the accused. The Food Inspector, by his reply, only stated that he is not possessed of any record. Another letter was addressed to the Food Corporation of India, Gairatganj and the reply is Ex. P 4. It was stated by the Depot Incharge of the Food Corporation of India that respondent Laxman Singh lifted eight quintals of sugar on 23-12-1980 and 20 quintals of rice on 12-11-1980. However, he could not state whether the stock seized from the respondents was part of the quota issued to accused Laxman Singh for distribution from fair price shop.

(3.) After completing investigation, challan Was filed against the three respondents.