DARBARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The case against the appellants-Darbara Singh and Jamil Khan is that in violation of the directions issued by the Director, Civil Supplies, Haryana under clause 4 of the Haryana Rice Procurement (Levy) Order 1979, they were exporting 160 bags of super-fine rice from Haryana to Delhi and had thereby committed an offence punishable under section 7 of the Essential Commodities Act, 1955.

(2.) It is conceded by Mr. J.B. Taccoria appearing for Advocate-General Haryana that the directions issued by the Director, Food and Supplies Haryana, Were never published in any gazette nor were the appellants in any manner informed of them. This being the situation, counsel for the petitioner, relying upon the judgment of M.M. Punchhi J. in Cr. Misc. No. 6308/M of 1984 Arjan Dass v. State of Haryana and others1, decided on January 10, 1985, rightly contended that the said order was never published in any government gazette or otherwise publicised, violation thereof by the appellants could not render them liable to penal consequences.

(3.) Such being the circumstances here, the conviction of the appellant-Jamil Khan cannot be sustained and is accordingly hereby set aside. The bail bonds of this appellant, who is on bail, shall stand discharged. Fine, if paid, is also ordered to be refunded to him.