HIRSA SINGH THAKUR AND ANR. Vs. THE STATE

JUDGEMENT

(1.) THIS is a Reference by the Sessions Judge, Bolangir, recommending to set aside the conviction and sentence passed upon the Petitioners under the Essential Commodities Act as they were dealing in food -grains without obtaining a licence as required under the Orissa Food Grains Licensing Order, 1959.

(2.) IN a summary trial, the Magistrate convicted the accused persons and sentenced them under Sections 7 and 8 of the Essential Commodities Act.

(3.) THERE is nothing in the judgment of the learned Magistrate to indicate that he applied his mind to any of the ingredients of the offence sought to be made out against the Petitioners. The Magistrate while exercising summary jurisdiction appears to have made the proceedings more summary. The order of conviction and sentence passed by the learned Magistrate must accordingly be set aside. He is directed to re -heat the case and dispose of the same in accordance with law. He may, if be thinks it proper try the case in regular manner. If the said Magistrate is not available the District Magistrate, Bolangir, may transfer the case to the Court of some other Magistrate competent to try the case.