GORDHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision is directed against the order of framing of charge. The petitioners have been charged of the offence Under Section 3/7 of the Essential Commodities Act for having contravened Clause 17 and 21 of the Rajasthan Cement (Licensing and Control) Order, 1974 (hereinafter to as 'the Order, 1974').

(2.) THE petitioners are said to have been found in possession of ten bags of Cement. A contention has been raised on behalf of the petitioners that the commodity seized in not cement and as such no offence has been committed by the petitioner. Mr. Ajitmal Singhvi invited my attention to the report of the Assistant Director, State Forensic Science Laboratory, Rajasthan, Jaipur, in which it has been opined that the samples do not conform to the specifications of Portland Cement. Although it is stated that the samples are of cement like building material, but it is no where stated in the report that the samples are of cement.

(3.) THUS , it cannot be said that the trial Magistrate committed any error in framing of the charge.