CHAINA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PUT the facts briefly are as follows. It is alleged that on 29.1.77 PW 8 Jodharam lodged a report (Ex.P./4) before the Superintendent of Police, Jodhpur stating therein that mother of petitioner Chainaram had died on 19.1.77 and 'Mratyu Bhoj' is going to take place from 9.00 a.m. to 11 a.m. on the same day i.e. on 29.1.77 in village Jhanwar and food had been prepared for about 1000-1200 persons. The Superintendent of Police forwarded the said information to the Circle Inspector(East) for necessary action. The Circle Inspector Shri Ram Jeewan Meena thereupon proceeded on the spot alongwith Shri K.C. Sharma, Sub-Divisional Magistrate (PW 1), Shri S.N. Calla, Enforcement Officer (PW 2) and other police personnel reached at village Jhanwar on the basis of information given by PW 8 Jodha Ram as stated above. On seeing the police party, about 150-200 children and women alleged to have started running from the scene. In the 'Nohra' the food stuff i.e. 'Lapsi' and 'Kaddi' was found in the utensils. The other articles for preparing the food were also found there. 252 Brass Plates (Thalies) were found used (unwashed) on the spot and 404 kg. Lapsi and 210 kg. 'Khata' (Kaddi) were recovered on the spot and was auctioned for Rs. 601/-. The petitioner Chaina Ram was arrested on the spot and case was registered against him at Police Station Jhanwar. After investigation, challan was presented in the court of Chief Judicial Magistrate, Jodhpur for offence under Sec. 3/7 of the Essential Commodities Act, 1955 for contravening the provisions of the Rajasthan Guest Control Order, 1978.

(2.) LEARNED Chief Judicial Magistrate, Jodhpur vide his judgment dated 4.12.81, after trial, held that the petitioner is guilty for the offence under Sec. 3/7 of the Essential Commodities Act, 1955 and sentenced him to undergo one year's S.I. and to pay a fine of Rs. 1000/-, in default of payment of fine, he was required to undergo 6 months S.I. He confiscated the articles recovered on the spot and forfeited Rs. 601/- of auction amount of 'Lapsi' and 'Kaddi'.

(3.) A perusal of the judgment given by the Sub-ordinate Courts in the present revision petition lead towards an irresistable conclusion that the finding of guilt recorded against the petitioner by them, is based on mere suspicion and on ad-hoc presumption. In my humble opinion, in the present case, the prosecution has not been able to prove the charges against the petitioner by producing any definite, cogent, reliable and oral direct evidence to the effect that more than 100 persons were taking their meals on the spot at the 'Nohra' of the petitioner. Learned Chief Judl. Magistrate and learned Sessions Judge have based their finding merely on conjectures and surmises for recording the finding of guilt. Both the courts-below have based its finding of guilt on 252 Brass plates (Thaiies) unwashed and 404 kg. 'Lapsi' and 210 kg. 'Kaddi' found on the spot. The prosecution has miserably failed to establish that 252 Thalies, which were recovered on the spot, were used and that too, atleast by 252 persons at a time for taking meals. The finding of both the courts-below that about 404 kg. 'Lapsi' and 210 kg. 'Kaddi' is sufficient for about 650 persons for meals is also not based on evidence but in fact based on ad-hoc presumption and suspicion which is not permissible under law.