MARKET COMMITTEE Vs. KUNDAN LAL

JUDGEMENT

(1.) THIS judgment will dispose of Criminal Appeals Nos. 584-DBA to 602-DBA of 1986 which are directed against the judgments dated 1-8-1986 passed by Judicial Magistrate 1st Class, Gidderbaha, by which the respondents in all the cases have been acquitted of the charge Under Section 37 of the Punjab Agricultural Produce Markets Act, 1961, as the complaint and the evidence in all these cases are identical.

(2.) BRIEFLY stated, the facts of this case are that a complaint Under Section 6 (3) read with Section 37 of, the Punjab Agricultural Produce Markets Act, 1961 (hereinafter called the Act) was filed by the appellant. The contents of the complaint are that the Secretary of the Market Committee had been duly authorised by the Market Committee to lodge complaints Under Section 39 (2) of the Act against the persons who contravene the provisions of the Act; rules and bye-laws made thereunder; that Under Section 6 (3) of the Act, no person unless exempted by rules made under the Act shall, either for himself or on behalf of another person, or of the State Government within the notified market area, set up, establish, or continue or allow to be continued any place for the purchase, sale, storage and processing of the agricultural produce so notified; or purchase, sell, store or process such agricultural produce except under a licence granted in accordance with the provisions of the Act; the rules and bye-laws made thereunder, and the conditions specified in the licence; and that whereas the respondent had been doing business in the purchase. Sale and storage of agricultural produce such as Gur, Shakkar, Khandsari and cotton seed since 1-4-1983 in the notified market area of the Market Committee without taking any licence under Section 10 of the Act, therefore, he contravened the provisions of Section 6 (3) of the Act, which is punishable under Section 37 of the Act.

(3.) NOTICE under Section 6 (3) of the Act, punishable under Section 37 of the Act, was served upon the respondent. The respondent pleaded not guilty and claimed trial.