STATE OF RAJASTHAN Vs. MAN MAL KEWAL CHAND

JUDGEMENT

(1.) THE Secretary, Krishi Upaj Mandi Samiti, Pali has filed this appeal under Section 378 (1) Cr. P. C. against the judgment of Munsif and Judicial Magistrate, Pali, dated 22. 9. 1978 passed in Criminal Case No 205/75.

(2.) A complaint was filed against M/s Manmal Kewal Chand u/s 4 (2) and 17 of the Rajasthan Agricultural Produce Markets Act, 1961 (as amended by the Act of 1973) for contravening Section 28 (1) and 28 (2 ). The Trial Court acquitted the accused on 22. 9. 1978 after holding that the prosecution has failed to prove the offence under Section 28 (1) and (2) of the Act.

(3.) IT is unfortunate that the Krishi Vpaj Mandi Samiti has filed this appeal in such an unsatisfactory manner and even when the office pointed out this defect on 1. 12. 1978, it was not removed. I may observe that in criminal cases, where the question arise as to who is liable for punishment, only an individual person can be punished, though punishment may be in various capacities as discussed above. IT is, therefore, incumbent upon the prosecution to name that person in the complaint and consequently in the appeal. In the absence of mention of that name, the appeal cannot be entertained, as no effective judgment can be given without providing an opportunity of hearing.