LAXMI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under section 482 Criminal Procedure Code has been filed by one Laxmi lal who is the owner of Firm M/s Shobh Lal Laxmilal. He was holding a licence as a recognised dealer for sale of cement at his godown near the Patrol Pump of Gangapur, District Bhilwara. It is alleged that on 1.12.1977 the go down was checked by the Tehsildar Shri Bardi along with Shri Panna Lal. The stock register showed the stock as nil. However, on the basis of the complaint made, his Nohara was also checked and there 200 bags of cement were found lying. That cement was seized. The dealer alleged that this cement belonged to M/s. Gangapur Shramik Theki Sahkari Samiti, Gangapur. It has been issued to them by the Irrigation Department, Bhilwara, vide Issue Note No. 179 dated 29.11.1977. Shri Abdul Wahid was carrying the bags in the truck but something went wrong with the truck and, therefore the truck was unloaded in the Nohra of Shri Laxmilal. Shri Abdul Wahid also gave one certificate in writing to Shri Laxmilal that he is unloading the truck because of some mechanical difficulty in it. When the checking was made, these two documents i.e. the issue voucher as also the certificate of Shri Abdul Vahid, was handed over to the Tehsildar. The Tehsildar then seized this stock and gave this on Supurdginama to one Ram Pal Jagotia. The police, after investigation, submitted an F. I. R. mentioning therein that the explanation given by the accused is reliable and correct and, therefore, no case is made out against him. However, the learned Chief Judicial Magistrate, took cognizance on this F.I.R. vide his order dated 306.1979, wherein he has mentioned that 200 bags of cement were found lying in the Nohra of the accused. This Nohra is not a recognised godown by the Tehsil authorities and, therefore, the accused has committed an offence.

(2.) Mr. Gupta, appearing for the accused petitioner, has submitted that as soon as the Nohra was checked and the goods were seized, the accused had delivered to the Tehsildar, the issue voucher of the Irrigation Department, which is a Government Department, along with a certificate issued by Shri Abdul Wahid, wherein it has been mentioned that he has kept these goods in this Nohra became the truck carrying them, has developed some defects. The issue voucher and the certificate of Shri Abdul Wahid could not have been forged because they were readily available with the accused and have been delivered then and there and therefore, great reliance is to be placed on these two documents. The entire investigation started on account of the recovery of these 200 bags of cement found in the Nohra of the accused. The accused has given a very reasonable explanation of the possession of the bags. The goods were put there on November 30, 1977 and checking was done on December 1, 1977. No time was left during which the accused could have informed the Tehsil authorities. I find lot of force in those submissions of Shri Gupta.

(3.) In the facts and circumstances of the case no mensrea appears to be involved so far as the act of the accused in storing these 200 bags in his Nohra is concerned and, therefore, no offence under section 3/7 of the Essential Commodities Act appears to have been made out against the accused petitioner. The whole position has been explained by the accused satisfactorily and, therefore, I accept this Misc. petition and quash the order of the learned Chief Judicial Magistrate, dated 30/6/1979, whereby he has taken cognizance against the accused under sections 3/7 of the Essential Commodities Act. The Misc. petition stands disposed of accordingly.