RADHA MADHAV GUM FACTORY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed this revision against the order of the learned Sessions Judge, Churu, dated 26.11.84 by which he set aside the order of the learned Chief Judicial Magistrate, Churu, accepting the final report submitted by the police against the petitioner in respect of the offence under section 3/7 of the Essential Commodities Act for contravention of the Rajasthan Cattle Fodder (Sale of Stocks and Prohibition of Export) Order, 1979 (hereinafter called the Order of 1979).

(2.) The Enforcement Officer, Churu, filed a report before the Kotwali Police Station, Churu, on 6.8.83 alleging that the firm M/s. Radha Madhav Gum Factory through its partners Narayan Prasad and others had exported 6,800 bags of gowar churi out of Rajasthan in between 27.10.79 to 21.11.79 in contravention of the Order of 1979. The police after investigations, filed a final report on the ground that there was no prohibition against the export of gowar churi and it was, only with regard to gowar in its whole form, that the export was prohibited. The learned Chief Judicial Magistrate, Churu, by his order dated 3.12.83 accepted the final report. The learned Chief Judicial Magistrate was of the opinion that the Order of 1979 only prohibited export of gowar and did not prohibit the export of its derivatives or products and gowar churi could not be deemed to be gowar within the meaning of the Order, 1979. Dis-satisfied with this, the State of Rajasthan filed a revision before the learned Sessions Judge. The learned Sessions Judge, Churu, was of the opinion that the term gowar in the Order of 1979 included gowar products and gowar churi was also thus within the purview of the Order of 1979, the export thereof was thus in contravention of the Order of 1979. He, therefore, set aside the order of the learned Chief Judicial Magistrate and sent the matter back to him to proceed further in accordance with law. The accused firm through its partners has, theref9re, come up to this Court.

(3.) I have heard the learned counsel for the petitioner and the learned P.P. and have gone through the record.