STATE OF ASSAM Vs. AJIT SINGH BOTHRA

JUDGEMENT

(1.) This is an appeal by the State against the acquittal of the accused persons by the Chief Judicial Magistrate, Kamrup, Gauhati in Case No.230 C of 1981.

(2.) The prosecution case, in brief, was that on 27-1-81 the Sub-Inspector of Food and Civil Supplies, Gauhati visited the firm known as Ajitsingh Bothra and Sons and seized 109 bags of sugar on the ground that it was dealing in sugar without a licence as required under the provisions of Assam Sugar Dealers Licensing Order, 1963 (hereinafter referred to as 'licensing order'). The partners of the said firm were charged with the commission of offence under Section 7(1)(ii) of the Essential Commodities Act. The charge was denied by the accused. The defence case was that the licence was issued to the firm under the licensing order as back as in 1967 and the same was renewed from year to year till 1979. Application had been filed for renewal of the licence for the year 1980 and the original licence was also attached with the application as required under the licensing order. However, no order was passed thereon. As the renewal for the next year, namely, 1981 also fell due, on 18-12-80 application was also filed for renewal for the year 1981. On 27-1-81 when the Sub-Inspector of Supply visited the premises of the firm, the licence issued to it was lying with the authorities for renewal. On these facts it was contended by the accused persons that they were entitled to continue their business after applying for renewal of the licence, unless the renewal was refused by the licensing authority and that in such a case, no violation of the provisions of the licensing order can be alleged.

(3.) The facts stated by the accused were not disputed by the prosecution. The contention of the accused persons found favour with the learned Chief Judicial Magistrate trying the case, who by impugned judgment and order dated 29-3-82, held the accused not guilty of offence under section 7(1) of the Essential Commodities Act and acquitted all of them.