MANGI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment of the learned Addl. Sessions Jugde, Sikar dated 8th Oct., 1976. The learned Chief Judicial Magistrate, Sikar, on 24th Dec., 1974, convicted the accused-petitioner under Sec. 3/7 of the Essential Commodities Act, and sentenced to undergo rigorous imprisonment for one year and a fine of Rs. 500.00 and in default of payment of fine to undergo further rigorous imprisonment for three months.

(2.) Briefly stated the facts which are relevant for the disposal of this revision petition are that on 19th July, 1973, the District Supply Officer, Sikar took search of his house and found 10 quintals of wheat. The contention of the prosecution is that according to the Rajasthan wheat (Regulation of Trade) Order, 1973, the accused petitioner could keep upto the maximum limit of 5 quintals of wheat only, but as he was found to be in possession of 10 quintals of wheat, he is guilty of the violation of the said order and as such he was prosecuted under Sec. 3/7 of the Essential Commodities Act, 1955.

(3.) The learned counsel for the accused-petitioner has contended that consumer, dealer and purchaser have been defined in the said order as under:-