RAMESHWAR DAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision is directed against the appellate judgment of the Addl. Sessions Judge (l), Alwar whereby he confirmed the judgment of the trial Court convicting the accused under Rule 114 of the Defence of India Rules, 1971.

(2.) ACCORDING to the facts found to have been proved by the lower courts, the Enforcement Inspector inspected the shop of the accused Rameshwar Dayal, Narain and Deshavdev on 30. 11. 1975. The name of the firm of the accused is M/s. Gordhandas Mahavir Prasad. It was found that the list exhibited in the shop was not in accordance with the Rajasthan Essential Commodities. (Display of Prices and Stock) Order of 1975 (hereinafter to be referred to as the Order of 1975 ). This order has been promulgated under the powers conferred on the State Government by virtue of Rule 114 of the Defence and Internal Security of India Rules, 1971 (hereinafter to be called as the Rules of 1971 ).

(3.) LASTLY, it was argued that the date on which the inspection was made was a Sunday, and the stock registers of the accused were found to be complete as also the price list. The only omission was that because of the holiday, the exact stock of this particular item was not mentioned. The theory of holiday has not been believed by the lower court and correctly so, because the accused were actually functioning in the shop and doing the business. Therefore, on the basic question of correctness of conviction, I am convinced that no interference is called for.