LAXMI NARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment of the learned Addl. Sessions Judge, Sawai Madhopur dated 2nd July, 1975. The accused-petitioner was convicted under section 3/7 of the Essential Commodities Act, and sentenced to one month's rigorous imprisonment and to pay a fine of Rs. 200.00 and in default of payment of fine to undergo further rigorous imprisonment for one month.

(2.) The learned counsel for the accused-petitioner has contended that the accused-petitioner did not contravene any of the provisions of the Rajasthan (Display of Price and Stock of Essential Commodities) Order, 1966 The shop of the accused petitioner was checked on 20th Feb., 1974 by the Enforcement Inspector. The prosecution case against the accused petitioner was that though there was a list displaying the price, but on the search of the house, 29 tins of ground-nut oil were found which were not entered in the stock register. It was also contended that these tins were received at the time of the checking by the Enforcement Inspector, and could be entered into the stock register' only in the evening after the tins had been received in full. It was also contended that the provisions of Rajasthan (Display of Price and Stock of Essential Commodities) Order, 1966, have not been correctly interpreted. It was also contended that no offence has been committed by the accused petitioner.

(3.) Mr. Mathur, learned Public Prosecutor appearing on behalf of the state, has contended that the orders passed by the learned Courts below are in conformity with law and' that no interference is called for on the revisional side.