BRIJ GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the judgment passed by the learned Additional Sessions Judge, Sri Ganganagar dated 11 -6 -80.

(2.) BRIEFLY stated, the facts of the case giving rise to this revision petition are that on 26 -7 -1975 Hetram, Enforcement Officer inspected the firm M/s Brijgapal Vedprakash Sri Karanpur and found the opening balance of the wheat as 172 quintals. On verification it was found that the stock of 172 quintals of wheat was not there in Godown No. 43 as declared in the licence. On physical verification the goods were found in block house No. 2 'A'. Another mistake found by the Enforcement Officer was that the firm had 517 quintals of wheat in stock on 30 -5 -1975, 31 -5 -75 and 2 -6 -1975 while the limit to keep the stock was 500 quintals only and therefore, the firm had kept the stock beyond the prescribed limit. Thus it was found that the condition No. 3 of the licence to keep the goods in the declared Godown was not complied with and therefore, the provisions in Rajasthan Wheat Regulation of Trade Order, 1973 was contravented. For the second mistake it was considered to be a violation of provisions of the Rajasthan Preventing of Hoarding Order, 1972 as amended on 26 -8 -74. On the complaint being filed against the petitioner Brij Gopal and the Munim of the firm Nand Kishore. Proceedings in the Court of the Chief Judicial Magistrate, Sri Ganganagar proceeded. The learned Magistrate held both of them quilty for the aforesaid contraventions and sentenced them each to a fine of Rs. 500/ - in default to undergo ten days simple imprisonment on each count.

(3.) BEING dissatisfied with this, the petitioner has invoked the revisional jurisdiction of this court.