POONA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition by Poona Ram under Section 482 Cr. P C. for quashing the order of the Sessions Judge, Pali dated January 23, 1981 and that of the Chief Judicial Magistrate, Pali dated April 30, 1979 and for directing the payment of the cost price of the wheat or to deliver the same to the petitioner without recovering any rent or warehouse charges from the petitioner.

(2.) FACTS leading to the filing of the petition are that on July 20, 1974, the Enforcement Inspector, Sumerpur filed a criminal complaint in the Court of Chief Judicial Magistrate, Pali against Vanechand and Poona Ram with respect to the offence u/s 3 (d) read with Section 7 of the Essential Commodities Act for contravention of the provisions contained in clause 15 (2) of the Rajasthan Wheat (Regulation of Trade) Order, 1973. It was alleged in the criminal complaint that Shri Radheyshyam, Enforcement Inspector, Sumerpur on July 11, 1974 went to village Bakli and made a search of the nohra of Vanechand where he found 105 bags of Wheat and 1 bag of 'rai'. As they were stored in violation of clause 5 (2) of the Rajasthan Wheat (Regulation of Trade) Order, 1973, they were seized under a seizure memo. One bag containing 'rai' was, however, returned. It was stated that Vanechand had no right to keep in his possession more than 20 quintals wheat without licence. Vanechand however, represented that the wheat belonged to Poona Ram, petitioner. It was prayed that Vanechand and Poona Ram, petitioner be convicted and sentenced for the afore said offence.

(3.) ON July 14, 1987 when this petition was listed for hearing. The petitioner or his counsel were not present. However, Mr. S. K. Mathur, Public Prosecutor was present. He was heard.