SECRETARY MARKETING COMMITTEE Vs. AMIN CHAND

JUDGEMENT

(1.) The question involved in Criminal Appeals No. 105, 106 and 107 of 1979 being the same, it is considered expeditious to dispose of all these three appeals by this common order.

(2.) The appellant is the Secretary, Marketing Committee, Kulu. In that capacity, he had filed separate complaints against each of the respondents in the above mentioned three appeals under section 32(1) of the Himachal Pradesh Agriculture Produce Market Act, 1969 (hereinafter called as the Act), in the Court of the Chief Judicial Magistrate, Kulu.

(3.) The common allegations found in all these three complaints was that on 15-10-1977 the appellant had visited the shops of the respondents at Dhalpur Kulu and found these respondents keeping cauliflower, potatoes, onion, garlic, peas, reddish and eggs etc. for sale. The appellant demanded of the respondents to produce the requisite licence for dealing in such commodities as required under Section 4 (3) of the Act. The respondents, however, were unable to produce any such licence. They, therefore, were alleged to have committed an offence punishable under Section 32 (1) of the Act. The learned Chief Judicial Magistrate on a consideration of the evidence adduced in the case as also the relevant provisions of Section 4(3) of the Act and rule 10 of the rules framed under the Act, came to the conclusion that the respondents being petty shopkeepers were exampled from obtaining the licence. In view of this exemption, they had not committed any offence and were entitled to acquittal.