N. C. SHARMA, J. - (1.) THE provisions of the Essential Commodities Act and those contained in various orders issued under that Act as well as the provisions of Prevention of Food Adulteration Act have, been enacted for a high social purpose. Enforcement Officers and Food Inspectors owe a duty to the common man to see that there is no black-marketing, no fraud on consumers' interest and no adulteration. Implementation of these enactments to ensure the achievement of these objectives, apart from moral obligation, is the statutory obligation of the officers empowered to administer and enforce these enactments.
(2.) IT daily comes to notice that these Enforcement Officers and Food Inspectors never lay their hands on big economic houes or wholesellers. They only take opportunity to catch petty milk-sellers going on a cycle or catch hold of technical flaws and file complaints for some minor offences simply in order to show statistics to their higher-ups to satisfy them that they had filed complaints in so many cases. The higher-ups are satisfied with the statistics and they never go deep into the question and find out the intrinsic quality and value of these statistics. Thus, the avowed aim of these enactments remain completely frustrated. Parallel economy and black money is still a problem to the nation. Consumers are daily getting adulterated and below standard goods and materials of daily need. Neither the administrators nor the lower hierarchy ever thinks to control this alarming situation rampant in the country. Who will believe this Enforcement Officer Radhey Shyam PW 2 who neither seized the Board by which the stock position was exhibited nor takes photograph of the same. He feels satisfied by only preparing a copy of the entries of the notice board and proved the same as Ex. P/4. Ex P/4 is not a primary evidence. Primary evidence was the Board itself or any other substituted evidence by mechanical process which ensures its correctness. The persons from whom the copy Ex. P/4 was got witnessed and attested have all been declared hostile. No conviction can be based solely on a document like Ex P/4 which it itself inadmissible in evidence and, as it is not a primary evidence, there is no illegality in the acquittal of the respondents. The State appeal has no merit in it and it is hereby dismissed. Let a copy of this judgment go to the Food Commissioner, Government of Rajasthan, Jaipur for information. .;