STATE OF RAJASTHAN Vs. NARAIN DAS

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 7 -11 -1979, by the which, the Chief Judicial Magistrate acquitted Narain Das from the offence under Section 3/7 of the Essential Commodities Act (E.C. Act) and convicted the respondents Ashok Kumar and Omprakash under this offence. Ashok Kumar and Omprakash have been fined Rs. 500/ each. The State has preferred this appeal against the acquittal of Narain Das, respondent and also prayed for the enhancement awarded to Ashok Kumar of the punishment and Omprakash.

(2.) THE Enforcement Officer inspected the Firm of M/s. Narain Das Shyam Sunder, 22 godown, Jaipur and found that the Firm sold kerosene oil without obtaining valid licence for its sale. The licence was with the Firm which was valid upto 31 -12 -72 and after that date the licence was not renewed. The Enforcement Officer was told that they had deposited the fee for the renewal of the licence. The Enforcement Officer was not satisfied about the fact of renewal of the licence and he submitted a complaint in this respect also. In this complaint was also mentioned that they had contravened the order issued by the District Magistrate in which it was necessary that while selling kerosene oil to the consumers the addresses of the purchasers on the bills must be written.

(3.) THE learned Counsel for the respondents argued that Enforcement Officer erred in filing the complaint against the partners of the Firm only. It was for the Enforcement Officer to make the Firm one of the accused and then also should have made the partners as the accused. This principle is also laid down in Section 10 of the E.C. Act. As the provisions of this section have not been complied with, when the Firm has not been made accused in the case, the partners alone cannot be prosecuted, or convicted for the offence -Actually, the Firm contravened the provisions of the the Act and the Order. The Firm is responsible and guilty for this offence so the Firm should have been made an accused in the complaint along with the partners, Only those partners who are responsible for the conduct of the business of the Firm can be held liable and responsible. A partner who is not at all responsible for carrying the business of the Firm and who is not taking acting part in the business of the Firm, cannot be held liable in view of Section 10 of the E.C. Act.