DHARAMPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Through this misc. petition, accused Dharampal and Pushpa Devi seek quashment of the proceedings pending against them in the Court of Addl. Chief Judicial Magistrate, Udaipur under S. 7 read with Sec. 3 of the Essential Commodities Act, 1955.

(2.) The relevant facts of the case are these. Shri Khema Ram Vishnoi, Enforcement Inspector on 18-11-79 intercepted a tanker of kerosene oil in village Bikarni. There was no invoice with the tanker. Puran s/o. Champalal was the driver of the tanker and Khuman Singh who was on the tanker disclosed himself to be an employee of M/s. Narendra and Company, Udaipur. Shri Vishnoi found that kerosene oil worth 9,000 lts. had been sold in the village. After an enquiry was held, a complaint was filed in the Court of Chief Judicial Magistrate alleging various irregularities and illegalities committed by M/s. Narendra and Co., Udaipur which firm was authorised wholesale dealer and distributor of the kerosene oil. The complaint was filed against 8 persons viz. Puran driver, Khuman Singh, Dharampal, Pushpa Devi, Chhogamal, Sunita, Ashok Kumar and Sri Chand. The petitioners in this petition were shown as partners of the firm M/s. Narendra and Co., Udaipur. After the accused persons appeared, the statement of Khema Ram, Enforcement Inspector, was recorded. By the order D/- 9-3-84 Ashok Kumar, Chhogamal and Sunita who, had been disclosed as partners of M/s. Narendra and Company were discharged. By the same order Khuman Singh and Puran, employees of M/s. Narendra and Co., were also discharged. It was ordered that charges shall be framed against Dharampal, Pushpa Devi and Sri Chand under S. 7 read with S. 3 of the E. C. Act. However, by the subsequent order D/- 21-4-84 the trial Court reversed its earlier order and discharged Sri Chand also. It is not understood, as to how the trial Court could

(3.) Be that as it may, the case proceeded against Dharampal and Pushpa Devi, petitioners. They made an application that they should also be discharged. The learned Addl. Chief Judicial Magistrate vide order D/- 15-5-86 rejected their application and framed charges against them on 5-3-87.