SHIKER CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment of learned Sessions Judge, Merta, whereby, he has confirmed the conviction under S.3/7 of Essential Commodities Act but reduced the sentence to rising of the Court with a fine of Rs.1,000/ -.

(2.) The facts necessary to be noticed in short are that the petitioner applied for grant of licence for sale of food-grain on 25-10-76. The licence was granted on 15-11-76. Inspection was conducted at the business premises on 9-11-76 and it is found that petitioner was selling foodgrains (wheat etc.) without licence. Petitioner submitted that he has applied for licence in October and the licence was ready in the office but pending only for the signature of the concerned officer, on 9-11-76. When the licence was complete and there is no hitch in issuing the licence to the petitioner, he started the business in anticipation, therefore, no offence has been committed by him. The trial Court convicted him for the offence under S. 3 / 7 and sentenced him to under go one year R.I. and pay fine of Rs. 2,000.00 that was reduced in appeal by learned Sessions Judge as aforesaid.

(3.) Being dissatisfied with the judgrment of Court below, petitioner has filed this revision petition. Learned counsel for the petitioner Shri Lodha submitted that though the licence has been issued to the petitioner on 15/11/1976 and he applied in October, 1976 the office concerned has taken undue time in issuing licence, therefore, in anticipation when the licence was ultimately issued just after 4 days no offence has been committed, He further, submitted that when there is no mens rea, no case is made out against him. He also placed his reliance on the decision of their Lordships of Supreme Couri in the case of Nathulal v. State of Madhya Pradesh, AIR 1966 SC 43 : 1966 Cri LJ 71.