FIRM SURESH KUMAR SHANKERLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the Public Prosecutor and perused the record.

(2.) This petition has been preferred against the order dated 13th June, 1990 passed by the learned Special Judge, Essential Commodities Ad, Sirohi, by which the learned Special Judge took cognizance of the offence punishable under Section 3/7, Essential Commodities Act, while rejecting the final report submitted by the police and issued process against the petittoners under Section 204 of the Criminal Procedure Code for having committed offence punishable under Section 317 of the Essential Commodities Act.

(3.) The facts relevant for the disposal of this petition may be summarised below. On 13th April, 1989 the Enforcement Inspector inspected the shop of Somaram. The shop was being run in the name of Patel Kirana. On the shop there was the Board showing the stock and a price-list and in Column No.4 of the Board it was shown that gram was in stock. Some bags were also found in the shop and on enquiry it was told to the Enforcement Inspector that there was gram in it. On further checking it was found that there was 65 bags of gram which were in a room shown as Room No. 3 in the site plan. At the time of inspection Soma Ram revealed that shop No.3 in which bags of gram were found was leased to Mis. Suresh Kumar Shankerlal and 65 bags of gram found at the time of inspection had been placed in that shop by Mis. Suresh Kumar Shankerlal. The information mentioned above was given by Soma Ram in writing to the Enforcement Inspector. Seizure memo and a memo of inspection was prepared. Total weight of gram contained 65 bags was about 64 quintals and 36 kgs. On 18th April, 1989 premises as well as the godown of M/s. Suresh Kumar Shankerlal who was holding licence No. 3/83-84, was also inspected by the Enforcement Inspector and it was found that the quantity of gram as entered in the register was actually present io the stock excluding 65 bags of gram found in the shop of Soma Ram Shri Jainarayan Kachawaha Enforcement Inspector submitted a report in writing before the Station House Officer of Police Station Rohida alleging therein that Soma Ram who was the owner of Patel Kirana Store, situated at Swaroopganj was not authorised to keep in his possession 65 bags of gram and he had violated Clause 3 of the Order (imposing Restrictions) on possession etc., of gram. It was also stated in the complaint that as per written information given by Soma Ram 65 bags of gram belongs to M/s. Suresh Kumar Shankerlal. The Enforcement Inspector, therefore, alleged that Mis. Suresh Kumar Shankerlal who were licence holders violated Clause 2 of Form (C) issued under Rajasthan Trade Articles Order, 1980. On the basis of report submitted by the Enforcement Inspector the Police started the investigation and after investigation the police officer submitted a final report stating therein that no offence was committed by anyone because 65 bags of gram belong to T ej Singh who was a cultivator. The learned Special Judge on perusing the final report and the documents attached thereto came to the conclusion that the opinion formed by the Investigating Officer was not justified as the story that the premises were rented to Shri Tej Singh and 65 bags of gram were placed there by Tej Sirygh was an after thought. The learned counsel for the petitioner has submitted that the observations made by the learned Special Judge about the opinion formed by the Investigating Officer are not justified because Soma Ram in whose shop 65 bags of gram were found has resiled from written statement and he has actually furnished an affidavit in which he stated that the premises in question were given to Tej Singh son of Shri Jhujhar Singh, by caste Rajput resident of Sagwara on rent on 2nd April, 1989, and 65 bags of gram which were lying in the shop belong to Shri Tej Singh. A copy of the rent-note (Kirayanama) was also obtained by the Police Officer during investigation. This document purports to have been signed by Tej Singh and it also bears thumb impression of Shri Sita Ram. The learned counsel for the petitioner has submitted that above named person moved an application under Section 6(A) of the Essential Commodities Act before the District Magistrate, Sirohi, for release of 65 bags of gram to him and that application has already been allowed by the District Magistrate, Sirohi. The learned Public Prosecutor has tried to support the order passed by the learned Special Judge.