STATE OF RAJASTHAN Vs. RAMJI LAL & ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties. Learned counsel for the respondents submits that the sample of oil was taken in the year 1976 and the accused respondents faced trial and they have been acquitted in the year 1982. Learned counsel, therefore, submits that their Lordships of the Honourable Supreme Court in Food Inspector, Municipal Corporation, Baroda Vs. Madan Lal Ram Lal Sharma and another (1983 (1) SCC 135) have declined to interfere with the order of acquittal holding that six years elapsed since purchase of the sample, so similar views may be taken in this case. The accused respondents have been acquitted on the ground that the firm has not been alleged an accused and the accused respondents have been prosecuted only on the ground that they were the member of firm 'Chhajuram Banshidhar'.

(2.) Moreover, it has not been proved that the accused respondents were principal person in performing the functions of the business of the firm.

(3.) In this view of the matter the learned trial Court was justified in acquitting the accused respondents. The offence is alleged to have taken place in the year 1976 so the present case is fully covered by the decision of the Honourable Supreme Court in Food Inspectors case (Supra) where the their lordships of the Honb'le Supreme Court have declined to interfere with the order of acquittal after a period of six years from the date of taking the sample.