V.G.PALSHIKAR, J. - (1.) THIS appeal is filed by the accused -appellant challenging the order of conviction dated 29 -5 -1986 recorded by learned Special Judge. Essential Commodities Act, Dungarpur on the grounds mentioned in the memo of appeal and as also canvassed before me.
(2.) THE brief facts giving rise to the appeal stated that as under: - On 8 -9 -1983 the Enforcement Inspector, Dungarpur checked the shop of the accused -appellant and found several quintals of foodgrains, which was kept for sale and he had not displayed the list showing the quantity and price. He therefore seized the goods and thereafter the accused appellant was prosecuted. On the basis of complaint written on 15 -2 -1985 the cognizance has therefore, been taken after the period of limitation prescribed under Section 468 of the Cr. P.C. This aspect has not been considered by the learned Trial Judge. In the result, therefore, the appeal must succeed, it is accordingly allowed. The order of conviction is set aside. Appeal allowed. ===========================================================================;