STATE OF RAJASTHAN Vs. KUNJ BIHARI

JUDGEMENT

(1.) - The State of Rajasthan has preferred this appeal against the judgment dated 24.1.2001 passed by learned Judge, Special Court (Essential Commodities Act), Jaipur in Criminal Case No. 06/1999 by which the accused-respondent has been acquitted from the offence under Section 3/7 of the Essential Commodities Act.

(2.) Brief facts of the case are that Agricultural Officer, Suresh Chandra (PW 8) submitted report at Police Station Harmara on 30.04.1999 in which he has stated that on 28.03.1998, Agricultural Officer, Jagdish Prasad Yadav (PW 3) inspected the business premises of the accused respondent in the presence of Assistant Agricultural Officer Kailash Chand Sharma (PW 6) where they found 25 bags of Zink Sulphate Star Brand. They took the sample regarding their standard and divided in three parts. One sample was sent to the Durgapura Fertilizers Laboratory for examination where they were declared that the said samples was not of standard. After obtaining the said report, the complainant/appellant has filed a complaint on violation of the provisions of Section 19(A)(1) of Fertilizers Regulation Ordinance, 1985. Upon the said report the police registered the case for the offence under Section 3/7 of the Essential Commodities Act. The learned trial Court has framed charge against the accused respondent for the offence under Section 3/7 of the Act. The charges were read over and explained to the accused-respondent, but he pleaded not guilty and claimed for trial. During trial the prosecution in support of its case examined as many as 10 witnesses and got exhibited some documents. Thereafter the statements of the accused-respondent under Section 313 Cr.P.C. were recorded. In defence, Kanhaiyalal Pareek (DW 1) has been examined.

(3.) After hearing both the sides, the learned trial court vide its judgment dated 24.1.2001 acquitted the accused-respondent from the offence charged against him.