RAM SWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed against the judgment of the learned Sessions Judge, Jhalawar, dated January 7, 1978, in Criminal Appeal No. 76/77, by which, the order of the Chief Judicial Magistrate, Jhalawar in Criminal Original Case No. 358/75 dated June 2, 1977 forfeiting 11 tins of oil, was upheld.

(2.) IT appears that Ram Swaroop and Rameshwar were prosecuted for offiences under Section 3/7 of the Essential Commodities Act, for not displaying on the board of the stock of oil. The trial court came to the conclusion that the offence against the accused, was not proved, and consequenity, acquitted both Ram Swaroop and Rameshwar. However, while acquitting both the accused with the finding that no offence was proved against them, the stock of 11 tins of oil. which were found in their shop were ordered to be forfeited.

(3.) SECTION 7 of the Essential Commodies Act reads as under : - "7 - A - Forfeiture of certain property used in the commission of the offence-whenever any offence relating to foodstuffs which is punishable under SECTION 7 has been committed, the court shall direct that all the packages, coverings or receptacles in which any property liable to be forfeited under the said section is found and all the animals, vehicles, vessels, or other conveyances used in carrying the said property shall be forfeited to the Government: Provided that if the court is of opinion it is necessary to direct forfeiture in respect of all such packages, coverings, or receptacles or such animals, vehicles, vessels or other conveyances or any of them it may, for reasons to be recorded refrain from doing so. "