STATE OF RAJASTHAN Vs. RAM KUMAR

JUDGEMENT

(1.) This State appeal is directed against the judgment dated 2.11.1981 passed by learned Chief Judicial Magistrate, Sriganganagar acquitting the accused- respondent herein of offence under Sec. 3/7 of the Essential Commodities Act.

(2.) The prosecution case is that on 31.5.1973, Dy. Superintendent of Police made a seach of the house of the accused Ram Kumar and found 50 Qtl. of Gram in the possession of Ram Kumar which was kept in kotha and 50 Qtl. Gram from the Tractor trolley. The Gram which was taken by the Dy. Supdt. of Police, Nohar from the possession of the accused Ram Kumar were for sale in which he was not having any licence which was necessary under Sec. 3 of the Rajasthan Food Grain Licensing Order 1964.

(3.) While assailing the order of acquittal of the Trial Court learned Public Prosecutor submits that 65 Qtl. of Gram was from the possession of the Ram Kumar and the land for cultivation is in the name of his father, as such learned Magis committed error in considering that the Gram was of the joint Hindu Family.