STATE OF HARYANA Vs. PRAKASH CHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Chief Judicial Magistrate, Gurgaon,. acquitting Parkash Chand of the charge Under Section 7 of the Essential Commodities Act, 1955, for contravening the provisions of the Haryana Hydrogenat-ed Vegetable Oil Dealers Licencing Order, 1967.

(2.) THE salient facts are that the licence of Parkash Chand, issued under the Order aforesaid was cancelled by the District Magistrate, Gurgaon, on 13th August, 1968. On coming to know of it, Parkash Chand on the following 28th sent telegram Exhibit D. A. /l to Amrit Vanaspati Co. , Ltd. , Ghaziabad, directing it not to despatch the truck, but before the receipt of the telegram, the truck loaded with vegetable ghee tins had left Ghaziabad. It arrived in Pal-wal, the place of business of Parkash Chand, on the 29th. At the time, Parkash Chand was not present and despite the protest of his son, the truck was unloaded and the goods were put in the godown of Parkash Chand. On the 31st August, 1968, the godown was raided by Sub-Inspector Man Singh and 500 tins of vegetable ghee were recovered therefrom. Upon a consideration of the entire material on record, the Chief Judicial Magistrate came to the conclusion that there was no mens rea on the part of Parkash Chand and that it was not established that Parkash Chand had knowledge of the storage of the ghee in his godown. In Nathulal v. State of Madhya Pradesh , their Lordships of the Supreme Court laid down,

(3.) LEARNED Assistant Advocate General canvassed before us that the Supreme Court ruling was no longer applicable, for, Section 7 of the Essential Commodities Act was amended by Act 36 of 1967. Before the amendment, the relevant part of Sub-section (1) of Section 7 was as under: If any person contravenes any Order made Under Section 3 (a) he shall be punishable. . . . As amended, Sub-section (1) of Section 7 reads thus: If any person contravenes whether knowingly, intentionally or otherwise, any Order made Under Section 3 (a) he shall be punishable. . . The remaining portion of the section is not relevant for our purpose ).