STATE OF RAJASTHAN Vs. BHORELAL

JUDGEMENT

(1.) THE State has filed this appeal against the judgment of acquittal of respondent accused under s. 7 of the Essential Commodities Act.

(2.) THE respondent accused Bhorelal is proprietor of M/s Yadav Oil Company. He was prosecuted for black marketing of kerosene and crude oil, from the period December 21, 1973 to February 26, 1974.

(3.) I inquired from Dr. Bhandawat learned Public Prosecutor as to what is the date of issue of Ex. 25 because no date is mentioned on that particular document on record. Dr. Bhandawat frankly submitted that since the document fails to mention any date he cannot from his own information or knowledge mention the date Moreover, in this document the dates have been fixed from November 2, 1973 to November 9, 1973. In the grounds of appeal the date of issue of this letter has been mentioned as December 15. 1973. It is surprising that it was issued on December 15, 1973. how so could the dealer know earlier the rate and in the absence of fixation of rate at the relevant date how can the dealer be made liable for charging more.