STATE OF RAJASTHAN Vs. CHAMPALAL

JUDGEMENT

(1.) THIS appeal has been filed by the State of Rajasthan against the judgment and order dated 28. 10. 86 passed by the Learned Special Judge, Essential Commodities Act (Sessions Judge) Balotara in Cr. Case No. 8/1985 by which he acquitted the accused respondent for contravention of Provisions of Rajasthan Trade Articles (Licensing) Order, 1980 (hereinafter referred to as "the Order of 1980") punishable under Sec. 3/7 of the Essential Commodities Act. THIS appeal arises in the following circumstances: (i) P. W. 1 Gaga Ram filed a complaint Ex. P/11 on 30. 7. 85 before SHO Police Station, Sivana stating that on 9. 7. 85 being Enforcement Inspector he inspected and checked the shop of Deora Oil Mill, Mahaveer Colony, Sivana whose proprietor was the accused respondent and found storage of food grains, but he was not having licence for storage and sale of food grain articles and, therefore, he contravened the provisions of Order of 1980 punishable under Sec. 3/7 of the Essential Commodities Act.

(2.) ON this complaint, police registered a case and chalked out regular FIR Ex. P/12 and started investigation.

(3.) AGGRIEVED from the said judgment and order, the present state appeal has been filed.