VEERCHAND Vs. STATE

JUDGEMENT

(1.) THIS reference comes on the report of the learned Additional Sessions Judge, Sirohi, dated the 12th December, 1959.

(2.) THE facts giving rise to it are that one Veerchand was challaned by the police in the court of Magistrate First Class, Abu Road, under sec. 7 of the Essential Commodities Act, 1955, for contravening the provisions of sec. 3 of the Imported Food grains (Prohibition of Unauthorised Sale) Order, 1958. On 28th October, 1959, the Magistrate framed a charge-sheet against him for the said offence. Aggrieved by the said proceedings, the accused filed a revision application which was heard by the learned Additional Sessions Judge, Sirohi. THE learned Judge has reported that the Magistrate had no jurisdiction to take cognizance of the said offence under sec. 190 (l) (a) or (b) Cr. P. C. It is next observed by him that even if the Magistrate was authorised to take cognizance of the said offence, he ought to have proceeded under sec 252 and not under sec. 251-A Cr. P. C.