STATE OF PUNJAB Vs. RAKESH KUMAR

JUDGEMENT

(1.) The State of Punjab has filed this appeal against the order dated 30.3.1992 passed by the learned Special Judge, Patiala whereby the respondent has been acquitted for the offence under Section 7 of the Essential Commodities Act, 1955 ("Act" for short).

(2.) At the time of motion hearing, reliance was placed on the judgment in the case State of Madhya Pradesh v. Abdul Khalil, 1974 CrLJ 1113 (M.P.). Accordingly, leave to appeal was granted in terms of Section 378(3) of the Code of Criminal Procedure, 1973 ("Cr.P.C." for short).

(3.) A letter dated 24.8.1991 Ex. PC from the Assistant Food and Supplies Officer to the SHO (PP), Tripri Town, Patiala was sent for registration of case (FIR) for contravention of the provisions of the Punjab Commodities Price Marking and Display Order, 1972 ("Control Order" for short). It is alleged therein that on 24.8.1991, the Assistant Food and Supplies Officer along with Inspector, Food and Supplies and four Sub-Inspectors checked the premises of M/s. Jolly Karyana Bhandar, Tripri Town, Patiala. Rakesh Kumar (respondent), proprietor of the shop was present at the shop. Essential commodities like Dals, Flour, Ghee etc. were lying at the shop but the shopkeeper had not displayed the price list of these articles outside his shop. The statement of Rakesh Kumar (respondent) was recorded but he refused to sign the same. It is alleged that the respondent violated the provisions of Section 7 of the Act and the Control Order. On the basis of the said letter, FIR No. 178 dated 24.8.1991 Ex. PB was registered at Police Station, Civil LInes, Patiala for an offence under Section 7 of the Act.