MOOLCHAND AND ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a revision against the judgment dated 5.12.1995 passed by Additional Sessions Judge, Jodhpur who was also working as Special Judge, SC /ST Act Cases in Cr. Appeal No. 46/95 by which the learned Judge dismissed the appeal on merits but reduced the sentence of three months rigorous imprisonment passed by Additional Chief Judicial Magistrate No. 3, Jodhpur in Cr. Case No. 115/90 by which he had convicted the petitioners for the offence under section 28/2 of the Rajasthan Agricultural Produce Market Committee Act and had sentenced each of them to three months rigorous imprisonment with a fine of Rs. 1000 /- and also directed to pay Rs. 87,639.90 as market fee.

(2.) I have 'heard the learned counsel for the petitioners as well as learned Public Prosecutor at length.

(3.) Facts may be narrated in brief. Moolchand was the proprietor of firm M/s. Moolchand & Company. The petitioners had obtained licence No. 55 which was renewed upto 1993. The firm was situated in the main market at Jodhpur and was carrying on business of ghee. On 6.12.1989 record of the firm was inspected in presence of Moolchand and it was found that in the year 1989 this firm had dealt with the sale and purchase of ghee. The firm imported ghee from different places and submitted declaration No. 466/3 to 466/22. The firm also submitted the declaration regarding the ghee which they had exported. Both the declarations were compared and it was found that the firm sold the ghee but had weighed it in the market premises. Sales tax was recovered on such sale but market fee was not recovered. Thus the petitioners had contravened the provisions of Sec. 17 of the Rajasthan Agricultural Produce Market Committee Act, 1961. The details are that the petitioners purchased and sold the ghee worth Rs. 70,11,181.18 on which market fee of Rs. 87,639.90 was due and the same was not deposited. The complaint to that effect was submitted by the Inspector before the learned Additional Chief Judicial Magistrate No. 3, Jodhpur on 14.6.1990. He read over the accusation to the petitioner on 17.3.1992 who denied their indictment. Then the learned Magistrate examined 5 witnesses on behalf of the prosecution and recorded the statement of accused petitioners who examined one witness in defence. Then after hearing both the parties he convicted Moolchand petitioner for offence under section 28(2) of the Rajasthan Agricultural Produce Market Committee Act and sentenced to three months simple imprisonment with a fine of Rs, 1000 /- and in default to undergo one month's simple imprisonment. He also ordered that a sum of Rs. 87,639.90 as mandi fee should also be deposited in the Court which may be paid to the market after the period of appeal expires. An appeal was preferred by the petitioners but the appellate Court sentenced the appellant till the rising of the Court but maintained the fine as well, as the order to pay the market fee.