STATE Vs. BADRI PRASAD

JUDGEMENT

(1.) THE State of Rajasthan has preferred this appeal against the judgment dated 21. 7. 1987 passed by learned Chief Judicial Magistrate, bharatpur (hereinafter to be referred as the learned trial court) in criminal case No. 790/1982, by which he has acquitted the accused respondent for the offence under Section 3/7 of Essential Commodities Act.

(2.) IN brief, the facts of the case are as under: on 10. 7. 1981 the enforcement inspector Shri Mohan Lal lodged a FIR at police station, Phari that on 16. 1. 1981, he went to inspect firm M/s Agarwal and Co. , Gopalgarh, who was retail dealer of kerosene oil. When he reached the firm for verification the shop was closed. The servant who was on the shop informed that owner of the shop was gone out. Shri Kapoor Chand father of accused Badri Prasad informed that the record was having Shri badri Prasad and he has gone out.

(3.) THE Enforcement Officer (Inspector)directed that Shn Badri Prasad should produced record on 17. 1. 1981.