PREM CHAND JAIN Vs. STATE

JUDGEMENT

(1.) THIS is a reference under Section 438, Cr. P. C. made by the learned Sessions Judge, Goalpara with recommendation for setting aside the impugned order and for return of paddy or the sale price thereof to the accused -petitioner.

(2.) THE petitioner's shop at Sukchar was searched by the Supply Inspector on 12 -11 -65 and found a stock of 58 bags of Ahu paddy weighing 34.80 quintals and the paddy was seized. The accused -petitioner could not produce any license for dealing in paddy as required under Clause 3 of the Assam Foodgrains (Licensing & Control) Order, 1961 (hereinafter called the 'Assam Order 1961). The Supply Inspector submitted an offence report against the petitioner with necessary sanction for prosecution under Section 7 of the Essential Commodities Act for violation of the provisions of the said Clause of the Assam Order 1961. The case was tried summarily by the learned Magistrate as provided in Section 12 -A of the Essential Commodities Act, 1955.

(3.) ON a consideration of the evidence adduced by the parties, the learned Magistrate found that the accused stored the paddy for sale in his shop in violation of the provisions of Clause 3 of the Assam Order 1961 and accordingly he convicted the accused under Section 7 of the Essential Commodities Act and sentenced him to rigorous imprisonment for one month and to pay a fine of Rupees 500/ - in default to rigorous imprisonment for another month. The seized paddy was also confiscated. As the order of the learned Magistrate was not appealable as provided under Sub -section (3) of Section 12A of the aforesaid Act, the accused petitioner moved a revision petition under Section 435 , Cr. P. C. before the Sessions Judge, who has referred the case as stated above.