STATE Vs. JEEWANRAM

JUDGEMENT

(1.) THIS is an appeal by the State against the order of Shri Guru Prakash, Magistrate, First Class, Sardarshahar, acquitting the accused, Jeewan Ram, of an offence under sec. 6 CO and 10 (ii) of the Rajasthan Essential Supplies (Temporary Powers) Ordinance (No. XIII of 1949 ).

(2.) THE facts of the case are not seriously in dispute. Jeewan Ram holds a licence for retail sale of food-grains in Sardarshahar. On the 7th of January, I950, the Enforcement Officer, Shri Nihal Chand Bhasin, made a raid on his shop on account of certain information received against him. He made a check of the grain in stock in the shop, and compared it with the stock register. He then found that bajra as well as wheat were stocked at the shop of the accused-respondent. THE bajra recovered was 22 maunds and 38 seers; but on entry of any stock of bajra was found in the stock register of the accused. THE wheat recovered was 21 maunds and 11-1/4 seers. THE entry, however, showed an opening balance of 4 maunds and 23-1/4 seers only, and there were no fresh receipts on that day.