STATE OF RAJASTHAN Vs. MADAN LAL AND ANR.

JUDGEMENT

(1.) This criminal revision petition has been filed by the State of Rajasthan against the order dated 1.4.1991 passed by the learned Special Judge, Essential Commodities Act, Bikaner in Case No. 3/90 by which he accepted the application filed by the accused respondents under section 458 Cr.PC. and discharged accused respondents for the offence under section 3/7 of the Essential Commodities Act, 1955 (hereinafter referred to as '"the EC Act").

(2.) The brief facts of the case are that on receipt of secret information, the SHO, Police Station Naya Sahar alongwith police party reached the house of Shri Dev Kishan S/o Shri Laduram on 16.7.1990 at 11.00 PM and recovered 240 bags of Government cement. At the time of search, it was found that the accused respondent No. 1 Madan Lal was shielding/covering the aforesaid cement. Upon asking, he said that the aforesaid cement was got issued by the Contractor Shri Suraj Narayan Vyas (accused respondent No. 2) from Government (PWD) store for construction of Generator Room at Hema and Hemgiri for flood lighting of B.S.R. works and he further said that he was authorised by the contractor to store the same at his house but since there was no spare space in contractor house to store the above cement, that is why he stored the cement in Shri Dev Kishan's house who was said to be relative of contractor.

(3.) Thereafter, the SHO, Police Station Naya Sahar seized the aforesaid 240 bags of cement and registered the case for the offence under sections 3/7 of the EC Act and 406 IPC.