DARSHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS criminal revision has been directed against the judgment dated 17.8.1989 passed by the Court of Additional Sessions Judge, Patiala, who affirmed the judgment and order dated 19.11.1988 passed by the Court of learned Judicial Magistrate Ist Class, Patiala, who convicted and sentenced the petitioner, Darshan Lal, under Section 37 of the Punjab Agricultural Produce Market Act, 1981 (hereinafter referred to as "the Act").

(2.) A criminal complaint was filed by the Market Committee against Messrs Des Raj Darshan Lal, Bhunerheri, through its proprietor Shri Darshan Lal petitioner on the allegations that petitioner Shri Darshan Lal brings stock of food-grains and exhibit the same for sale at his shop without any licence or permit obtained from the Market Committee under the provisions of the aforesaid Act and, thereby he allegedly committed an offence punishable under Section 37 of the Act. After recording preliminary evidence, the petitioner was summoned by the learned trial Magistrate. When he appeared, he pleaded not guilty to the allegations and claimed a trial.

(3.) THE statement of the accused was recorded under Section 313 Cr.P.C. and all the incriminating circumstances appearing in the prosecution evidence were put to the accused. He denied those circumstances and took the plea that his father was running a shop of bangles and this shop does not fall within the jurisdiction of the Market Committee. When called upon to enter his defence, the petitioner examined Kaka Singh as DW1 who deposed that Darshan Lal petitioner, in fact, was plying a Tonga and he was not running any shop as alleged by the complainant.