STATE OF MAHARASHTRA Vs. SHIVBALAK GAWRISHANKAR DUBE

JUDGEMENT

(1.) THIS appeal has been filed by the State with a view to challenge the order of acquittal passed by the Judicial Magistrate, First Class, Palghar, District Thana, on March 18, 1970 in Criminal Case No. 363 of I960 on his file.

(2.) THE complaint in the Court below was filed by one Ratnakar Digambar Khulge, the Secretary of the Agricultural Produce Market Committee at Palghar. The allegation of the complainant was that the accused, who was a resident of Navli, Taluka Palghar, was trading in grass and paddy straw and since Palghar Taluka was declared to be a market area as far back as August 12, 1960 and a Market Committee was constituted at Palghar on July 18, 1963, it was incumbent on the accused to obtain the necessary licence under Section 6(i) of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963. It was said that he had actually obtained such a licence for the year 1967 -68, but thereafter he continued to trade without obtaining the requisite licence for subsequent years and thereby incurred the penalty prescribed by Sections 46 and 52 of the aforesaid Act.

(3.) THIS contention of the accused having found favour with the learned Magistrate, the learned Magistrate passed an order of acquittal in his favour and that order is the subject -matter of this appeal. The unsuccessful complainant, on his part, has filed Criminal Revision Application No. 500 of 1970 for the purpose of challenging the same order of acquittal.