VIJAY KUMAR Vs. KRISHI UPAJ MANDI SAMITI SRIGANGANAGAR

JUDGEMENT

(1.) The instant revision petition has been filed by petitioner Vijay Kumar who was convicted by learned Additional Munsif and Judicial Magistrate, Sriganganagar for offences under Sections 28(2) and 37(2) of the Rajasthan Agricultural Produce Markets Act, 1961 (hereinafter referred as 'the Act of 1961').

(2.) I have heard the learned counsel for the petitioner, learned counsel for the respondent No. 1 and the learned Public Prosecutor.

(3.) Learned counsel for the petitioner submitted that conviction of the petitioner for offence under Section 37(2) of the Act of 1961 is illegal as it provides that if any bye-law made under this section may provide that any contravention thereof shall on conviction by punishable with fine which may extend to fifty rupees then only the petitioner could be convicted and that too with a fine which may extend to fifty rupees. He submitted that there is no bye-law which may provide for contravention shall be punishable as per sub-section (2) of Section 37 of the Act of 1961. He submitted that learned Additional Sessions Judge has erroneously interpreted the provision of Section 37 of the Act of 1961.