STATE Vs. SUKANRAJ

JUDGEMENT

(1.) THESE appeals are directed against the Judgments of the learned Munsif & Judicial Magistrate, Pali dated 22. 9. 1978 and relate to the acquittal of accused-respondents of the offences under ss. 28 (1), (2) and (3) of the Rajasthan Agricultural Produce Markets Act, 1961 (for short 'the Act' hereinafter ). They raise a common question and, therefore, I propose to dispose of these appeals by a single judgment.

(2.) S. B. Criminal Appeals No. 475/1978, 473/1978 and 474/1978 relate to the cases where on checking, a particular quantity of cotton-seed was found in possession of the accused-respondents and it was brought into the market area of Pali after purchasing it outside the market area whereas in all the remaining appeals, the accused-respondents are alleged to be dealers in cotton seed doing business as retail Traders in the market area of Pali without obtaining any licence from the Market Committee, Pali inspite of the issue of notices to them. In S. B. Criminal Appeals No. 475/1978, 473/1978 and 474/1978 also, notices were issued to the accused-respondents to obtain the licences from the Market Committee whereas in the remaining cases, on checking no definite quantity was found to have been brought into the market area of Pali. In all the 9 appeals, it has been commonly alleged against the accused-respondents that they bring cotton seed from Gujarat and sell the same as Retailers in the market area of Pali on the ground that the Retailers are exempted from obtaining the licences from the Market Committee. The State has contested that contention of the Retailers and has alleged that in fact, the intention and purpose of the Act is to get the maximum benefit to the producers and the consumers and to avoid the middle man agency and, therefore, the provisions of the Act and the Rajasthan Agricultural Produce Market Rules, 1963 (hereinafter referred to as 'the Rules') apply to the Retailers as well. Thus, it is an admi-tted position on behalf of the appellants that the accused-respondents are retail Traders in cotton seed. The accused-respondents have also admitted in their statements under s. 313 Cr. P. C. that the cotton-seed is not produced in the market area of Pali and as such they purchase this produce from Gujarat in wholesale, bring it to the market area of Pali and then sell it as Retailers to the consumers directly. Thus, this fact is not disputed that the cotton seed is purchased in Gujarat and then it is brought to the market area of Pali, and is being sold to the consumers in retail sale directly. In view of this admitted position regarding facts, I need not give the details of the facts of each case separately.

(3.) THE crucial question to be decided by this Court in disposing of these appeals is the interpretation of the explanation appended to s. 4 (2) of the Act, which reads as under: " Explanation : Nothing in sub-sec. (2) shall apply to the purchase or sale of any agricultural produce if the producer of such produces is himself its seller and the purchaser is a person who purchases such produce for his own private use or if such produce is sold to such purchaser by way of a retail sale. " Sec. 4 (2) of the Act is as follows: " (2) On and after the date on which any area is declared to be a market area under sub-sec. (1), no place in the said area shall, subject to the provisions of s. 14 be used for the purchase or sale of any agricultural produce specified in the notification issued thereunder:" Section 3 of the Act relates to the notification that may be issued by the State Govt, disclosing its intention of exercising control over purchase and sale of agricultural produce in specified area. THE State Govt, by notification in the Official Gazette may declare such an intention about a specified area and may invite objections or suggestions from the persons concerned. S. 4 (1) of the Act provides that after the expiry of the period specified in the notification issued under s. 3 and after considering such objections and suggestions as may be received before such expiry and after holding such enquiry as may be necessary, the State Govt, may, by notification in the Official Gazette, declare the area specified in the notification under s. 3 or any portion thereof to be a market area for the purposes of this Act in respect of all or any of the kinds of agricultural produce specified in the said notification. In pursuance of s. 4 (I) of the Act, the State Govt, vide its notification No. F. 10 (2) Agri/gr. 2/75 dated 21. 4. 1977 declared the market area of Pali consisting of Panchayat Samiti, Pali and Rohit as also the Municipal area of Pali.