MAHESH CHANDRA RAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused petitioner, Mahesh Rawat, has challenged the order dated 9. 6. 1998 passed by the Special Judge (Essential Commodities Act Cases), Jaipur whereby the learned Judge has directed initiation of denovo trial.

(2.) THE brief fact of the case are that the petitioner was running shop No. 555 near the Airport at Sanganer, and was appointed as a retail dealer of essential commodities by grant of licence under Essential Commodities Act (`e. C. Act', for short ). Allegedly from 18. 6. 1996 to 22. 7. 1996 the said shop was inspected by the Assistant District Supply Officer, Jaipur. According to his report, certain irregularities and ommissions were discovered at the shop. THE said report was submitted to the Deputy Commissioner on 23. 7. 1996. THEreafter, a criminal complaint was filed before the concerned court for offences under Sections 3/7/8 of the E. C. Act. In order to substantiate its case, the prosecution examined sixteen witnesses and the defence examined a single witness. However, when the case was about to be finally argued, the Presiding Officer was transferred. THErefore, the case could not be decided finally by the learned Judge, who had recorded the entire evidence of the trial. A new Presiding Officer stepped in. Vide order dated 9. 6. 1998, the learned Judge directed that a denovo trial be held. Hence, this petition before this Court.

(3.) IN the result, this petition is allowed and the impugned order dated 9. 6. 1998 is quashed and set aside. The learned trial Court is directed to decide the case on the basis of the evidence produced by the prosecution and by the defence and was recorded by the previous Presiding Officer. The case shall be decided within a period of two months from the date of receipt of the certified copy of this judgment.