STATE OF MADHYA PRADESH Vs. PANNALAL

JUDGEMENT

(1.) This is a revision filed by the State of M.P. against the order dated 18-2-1985 passed by the Sessions Judge, Indore in Criminal Case No. 35/84 discharging the accused-respondents under S.3/7 of the Essential Commodities Act.

(2.) The accused-respondents are being prosecuted under S.3/7 of the Essential Commodities Act (hereinafter called 'the Act') for selling the milk at a price in excess of the rate fixed by the order of the Collector Indore purported to be under Madhya Pradesh Essential Commodities (Exhibition of Price and Price Control) Order, 1977. The learned Sessions Judge has by the impugned order dt. 18-2-1985 discharged the accused-respondents. Hence this revision by the State.

(3.) Having heard learned counsel for the parties, I have come to the conclusion that this revision must be dismissed, since the act of the accused-respondents could not amount to an offence as would become apparent from what is discussed hereunder.