LAWS(RAJ)-1990-1-2

STATE OF RAJASTHAN Vs. MISHRI LAL

Decided On January 31, 1990
STATE OF RAJASTHAN Appellant
V/S
MISHRI LAL Respondents

JUDGEMENT

(1.) THE provisions of the Essential Commodities Act and those contained in various orders issued under that Act as well as the provisions of Prevention of Food Adulteration Act have, been enacted for a high social purpose. Enforcement Officers and Food Inspectors owe a duty to the common man to see that there is no black-marketing, no fraud on consumers' interest and no adulteration. Implementation of these enactments to ensure the achievement of these objectives, apart from moral obligation, is the statutory obligation of the officers empowered to administer and enforce these enactments.

(2.) IT daily comes to notice that these Enforcement Officers and Food Inspectors never lay their hands on big economic houes or wholesellers. They only take opportunity to catch petty milk-sellers going on a cycle or catch hold of technical flaws and file complaints for some minor offences simply in order to show statistics to their higher-ups to satisfy them that they had filed complaints in so many cases. The higher-ups are satisfied with the statistics and they never go deep into the question and find out the intrinsic quality and value of these statistics. Thus, the avowed aim of these enactments remain completely frustrated. Parallel economy and black money is still a problem to the nation. Consumers are daily getting adulterated and below standard goods and materials of daily need. Neither the administrators nor the lower hierarchy ever thinks to control this alarming situation rampant in the country.