BANWARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A case was registered at the Police Station Sodala, Jaipur City. Jaipur vide FIR No. 669/95 against the petitioner on the basis of a report filed by one Shri Han Ram Chaudhary, Enforcement Officer, Food & Civil Supplies Department, according to which, when he inspected the shop of the petitioner, who was running a fair-price shop on 12-11-1994, he found that certain records had not been maintained by the petitioner, who had failed to produce the same before him. The petitioner is stated to have committed an offence punishable under Section 3 read with Section 7 of the Essential Commodities Act, 1955 (the Act), after investigation of the case, the police submitted the Final Report on 23-12-1995. The petitioner on learning about it, appeared before the learned Special Judge (Essential Commodities Act), Jaipur (the learned Special Judge) and contended that no cognizance could be taken against him in view of Section 468 of the Code of Criminal Procedure (the Code). The learned Special Judge, vide the impugned order dated 1-8-1996, has held that since the Court is empowered to award punishment for a period of two years, the cognizance can be taken within a period of three years from the date of commission of the offence and, as such, has rejected the contention and has taken cognizance against the petitioner under Section 3 read with Section 7 of the Act. Feeling aggrieved, the petitioner has approached this Court by filing this petition under Section 482 of the Code. The learned P.P. has appeared for the State.

(2.) I have heard the learned Counsel for the parties and have also perused the impugned order.

(3.) During the course of the arguments, it has not been disputed before me that the allegations against the petitioner prima facie shows that he had contravened the provisions of clause (i) of sub-section (2) of Section 3 of the Act. It has also not been disputed that in terms of clause (a) of sub-section (1) of Section 7 of the Act a person contravening clause (i) of sub-section (2) of Section 3 of the Act can be punished with imprisonment for a term which may extend to one year and fine can also be imposed on him. Clause (f) along with its proviso of sub-section (1) of Section 12-AA of the Act, on which reliance has been placed by the learned Special Judge, reads as under: