STATE OF RAJASTHAN Vs. N R KESHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated September 21, 1976 passed by the Chief Judicial Magistrate, Chittorgarh, acquitting the respondents for the charge of contravention of Clause 4 of the Sugar (Packing and Marking) Order, 1970 (hereinafter to be refeferred as 'the Order!) read with Sugar Control Order, 1966, punishable under Section 3/7 of the Essential Commodities Act.

(2.) M /s. Mewar Sugar Mills Ltd. Bhupalsagar (Hereinafter to be referred as 'the Mills' is manufacturer/ producer of sugar by vacuum pan process. Respondent No. 1 Shri N.R. Keshan is the Assistant Manager and respondent No. 2 Shri Sardar Singh Kothari is the General Manager of that Mills. In exercise of the powers conferred by Section 3 of the Essential Commodities Act, the Central Govetnment made the Sugar Control Order, 1966 Clause 5 of that Order authorising the Central Government to issue directions to the producers or recognised dealers by general or special order regarding production, maintenance of stocks, storage, sale, grading, packing, marking, weighment, disposal, delivery and distribution of any kind of sugar, as it may deem fit. In exercise of the power of aforesaid Clause 5 the Central Government made Sugar Packing and Marking Order, 1970. Clause 4(1) of the Order reads as under:

(3.) THE repondent were charge sheeted for the aforesaid offence. They denied the indictments and claimed to be tried. P.W.I Shri S.L. Tandon and P.W.2 Shri A.K. Gupta were examined from the prosecution side. The respondents in their statements under Section 313 of the Code of Criminal Procedure admitted the visit of Shri Tandon and his drawing the samples from the factory godown, but denied the allegation of any of the samples being inferior to the perescribed I.S.S. grade and stated that there was no complaint of any type from any one in that respect previously. Shri N.R. Keshaan appeared in the witness box as D.W.I. One Shri Gulsher Khan, labourer in the Mills was examined as (D.W.2). One of the submissions made from the defence side that found favour with the learned Chief Judicial Magistrate was that the samples were not taken as per the rules and therefore, they cannot be said to be the representative samples. The learned Magistrate arrived at a conclusion that it cannot be said that the smples were free from atmospheric effect and on that ground acquitted the respondents of the changes. The order of acquittal caused grievance to the State of Rajasthan. Hence the present appeal.