STATE OF HARYANA Vs. MAHABIR PARSHAD

JUDGEMENT

(1.) The State of Haryana has filed the present criminal revision and it has been directed against the order dated 13-8-1986 passed by the Court of Special Judge, Narnaul, who discharged the accused Mahabir Parshad from the allegations under Section 7 of the Essential Commodities Act.

(2.) Mahabir Parshad, a salesman of CONFED Branch Mahendergarh was arraigned as accused launched by Mahendergarh police under Section 7 of the Essential Commodities Act for having contravened the provisions of Haryana Prevention of Hoarding and Maintenance of Quality Order, 1977. The sum and substance of accusation made against the petitioner by the prosecution was that he was guilty of malpractices in the matter of distribution of imported sugar through the agency of CONFED that he had failed to distribute sugar to the ration card holders of two villages, although entries to the contrary were made in the sales/Stock Register. The alleged irregularity committed by the respondent was noticed at the time of survey of villages by some officials of the Food and Supplies Department.

(3.) On the completion of the Investigation, the accused was challaned. However, the learned Special Judge, came to the conclusion that the allegations against the respondent are meaningless. Resultantly, vide order dated 13-8-1986, respondent was discharged and the reasons advanced by the learned Special Judge. Narnaul are incorporated in paras No.5, 6, 7, and 9 of the impugned order, which I quote as follows: The gravamen of indictment against the accused lay in the fact that all purchases and sales etc. were not correctly accounted for and were not in conformity with actual transactions made in contravention of provisions of clause 9 of Control Order. Concededly, that Control Order was applicable only in case of articles specified in the scheduled thereto. On the own showing of prosecution imported sugar was not one of the scheduled articles covered by the Control Order.