DHARAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment of learned Special Judge (Essential Commodities Act) Jaipur City, Jaipur whereby he convicted and sentenced accused-appellant under Section 3/7, Essential Commodities Act for two year's rigorous imprisonment & a fine of Rs. 2000/- and in default of payment of fine, six months' rigorous imprisonment.

(2.) ONE FIR was registered at Police Station, Kotwali, Jaipur on 14. 9. 87 at about 4. 05 p. m. in relation to an occurrence alleged to have taken place in the night of 13. 9. 87. This FIR was lodged by Shri Chunnilal, CI, SHO, Police Station Kotwali (PW 2) wherein it was stated that on 13. 8. 87 on receiving information that Palm oil and Rapseed oil of ration has been delivered at house No. 43, Godhika Rasta, Kishan Pole Bazar where there is a 'karkhana' for Namkeen and this oil has been brought stealthily and sold at a higher rate. On this information, Shri Chunnilal reached the house of accused-appellant and made enquiries and it was told that one person has sold the oil at the rate of Rs. 30 per tin. There were 41 tins oil including 29 of Palm oil and 12 Rapseed oil. The tins were seized under Section 102, Cr. P. C. and a case under Section 3/7, Essential Commodities Act was registered. The police after investigation filed challan against one Bhanwarlal and accused-appellant Dharam Singh. A revision was filed by both the accused persons and High Court by its order dated 23. 8. 89 quashed the charges against Bhanwarlal but so far as present accused-appellant was concerned, the Court did not agree that there was no prima facie case against accused Dharam Singh and therefore no interference was made. Thereafter, the trial Court proceeded with the trial against Dharam Singh only and after recording evidence and hearing arguments, convicted accused-appellant under Section 3/7 of the Essential Commodities Act and sentenced him for two years' rigorous imprisonment and a fine of Rs. 2000/- and in default of payment of fine six months' rigorous imprisonment. Aggrieved against this judgment, the present appeal has been filed.

(3.) IN this view of the matter, the appeal is allowed. The conviction and sentence passed by the learned Special Judge, Essential Commodities Act, against the accused-appellant, is hereby quashed. .