STATE OF RAJASTHAN Vs. NANAK RAM SINDHI

JUDGEMENT

(1.) The acquittal of the accused- Respondent under section 3/7 of the Essential Commodities Act, in this appeal filed by the State, is being challenged. The allegation was that when the shop was checked up on August 30, 1973 at 3 p.m. It was found that the accused was not exhibiting the price and quantity of the essential commodities and on some of the cash memos the details were not given. Some articles have not in the stock and against them only word, no, was written and it was not written that they were not in the stock. The accused- Respondent was dealing with blade, soap etc. in the shop.

(2.) The trial court has held that before the Collector, Bundi, a meeting was held, in which it was decided that only, yes, or no would be written about the stock position. The accused acted according to that. The witness, Enforcement Inspector, admitted that such a meeting was called of the trial court has also held that Ex. p. 3 mentions/all the articles which were available alongwith the prices and the articles quantity. The articles which were not available, against that remark was made, Nil.

(3.) In view of the above, the trial court found that there was no violation of the law even if there is some technical lacuna for some articles, there cannot be any guilty intention and the accused cannot be convicted.