DEV CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application in revision filed by Dev Chand, against the judgment of the Additional Sessions Judge, Doongarpur, in criminal appeal No. 99 of 1975 of his court by which, the petitioners conviction under section 3/7 of the Essential Commodities Act was upheld, but the sentence of Six months rigorous imprisonment and a fine of Rs. 1,000.00 in default of payment of fine to undergo rigorous imprisonment for two months was reduced to a term of three months rigorous imprisonment and a fine of Rs. 200.00 in default to further suffer rigorous imprisonment for 1 month.

(2.) The prosecution case against the petitioner, was that his shop was inspected by S. I., Bhanwarlal on 8.7.75 at about 10.30 a.m. and, upon checking, it was found that list of prices of articles for sale on 8.7.75 had not been displayed conspicuously in form A, at a place near the entrance of the business premises. The list of articles which had been displayed at the shop was of the previous day i.e. 7.7.75 and the stock of soap-cakes of different make shown therein, did not tally with the stock of those articles actually found in the shop. Bhanwarlal. S.T. checked the stock and found 439 cakes of soap in excess of the stock of the cakes of soap displayed in the list of prices dated 7.7.75. Hence, a complaint was made against the petitioner in the court of the Chief Judicial Magistrate, Doongarpur, who tried the petitioner summarily and found him guilty of the charge. The petitioner preferred an appeal against his conviction and sentence but his conviction was upheld and his sentence was reduced, as indicated above. Hence, the petitioner has come up in revision to this court.

(3.) I have carefully perused the record and heard Mr. P. R. Choudhary, learned counsel for the appellant and Mr. N.S. Achariya, Public Prosecutor for the State.