GOPICHAND GADIYA AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision impugns the order dated June 6, 1996 of the learned Special Judge, Essential Commodity Cases Jhunjhunu whereby the cognisance under Sec. 3/7 of the Essential Commodities Act, 1955 (for short the Act) was taken against the petitioners.

(2.) Few relevant facts are required to be set out at the out set. A complaint under Sec. 3/7 of the Act was instituted by the State of Rajasthan against the petitioners in the trial court with the averments that on Feb. 15, 1996 the Assistant District Supply Officer Jhunjhunu when inspected firm M/s. Kalpana Granites he found petitioner Kapil Gadiya in the premises of the firm. The firm illegally stored 630 ltrs. of kerosene oil in three drums and violated sections 3 and 18 of the Rajasthan Trade Commodities and Control Order 1980 which was an offence punishable under Sec. 3/7 of the Act. in the complaint Gopi Chand Gadiya and Samal Kishore Gadiya were shown as partners of the firm M/s. Kalpana Granite and Smt. Poonam Gadiya as proprietor of the firm whereas Kapil Gadiya as worker. On this complaint learned Judge, took cognisance against the accused petitioner as mentioned herein above.

(3.) It is thus not in dispute that M/s. Kalpna Granites is a partnership firm. Sec. 10 of the Act relates to the offences committed by firm which reads as under: