STATE OF ASSAM Vs. BACHRAJ DUGAR AND ANOTHER

JUDGEMENT

(1.) The State of Assam has appealed against the acquittal of the two respondents, namely, Bachraj Dugar and Mahabir Prasad Agarwalla of charges under sections 7(1) and 8 of the Essential Commodities Act, respectively for having contravened clause 3(3) of the Fertilisers (Control) Order, 1957 by selling and offering to sell ammonium sulphate at prices exceeding the maximum price fixed by the Government, and of abating that offence.

(2.) The Government of Assam on 1.12.1958 entered into an agreement with the Agent M/s. Assam Manure and Tools Supplier Shillong where under the Agent was to take delivery of consignments of fertilizers booked from the Sindri factory and other sources to the District Agriculture Officers concerned and sell the same according to the rates fixed by the Government on demand by any purchaser for genuine agricultural purposes at the following rates which however, were subject to modification by the Government from time to time : <FRM>JUDGEMENT_10_LAWS(GAU)1_1986_1.html</FRM> The above agreement was for the period from 1st Dec., 1958 to 31st March, 1961 on remuneration of Rs. 27.00 per ton. Jagannath Bauri and Debi Prasad Agarwalla were the proprietors of the Agent, M/s. Assam Manure and Tools Suppliers.

(3.) The prosecution case was that in violation of the said agreement as well as the Fertiliser (Control) Order, 1957, hereinafter called 'the Control Order', Jagannath Bauri and Devi Prasad Agarwalla, proprietors of the Agent, who were accused but discharged, sold in collusion with the respondents about 1544 tons of ammonium sulphate to various tea gardens during 1959 at prices ranging from Rs. 485.00 to Rs. 500/ per ton in black market, excluding the freight or transport charges, instead of selling the same to the bona fide agriculturists at the rates fixed by the State Government.