STATE OF RAJASTHAN Vs. KANHAYA LAL

JUDGEMENT

(1.) This State appeal is directed against the judgment dated 30.1.1982 passed by the learned Chief Judicial Magistrate, Pali, acquitting the accused respondent of the offence under Sec. 3/7 of the Essential Commodities Act.

(2.) According to the prosecution, the accused respondent was found in possession of 65 quintals of sugar in his godown lor the purpose of sale. It was stored without licence. The accused respondent admitted that he was found in possession of said sugar but he took the plea that the said sugar belonged to eight persons, who stored it there because of the heavy rain in the Pali district. The learned Magistrate accepted the defence and acquitted the respondent by the impugned order.

(3.) It is not in dispute that the shop was inspected on 10th Sept., 1979 and during that period, there was flood in that area. The possibility that some of the persons had kept the sugar bags with the accused respondent, cannot be ruled out. 1 do not find any infirmity in the order of the learned Magistrate.