L.S.MEHTA, J. - (1.) THE short question of law which arises in this appeal relates to the construction of Clause 3 of the Rajasthan (Display of Prices of Essential Commodities) Order, 1966, (hereinafter referred to as the Order). The question arises in this manner.
(2.) THE respondents Asharam and Prahled were charged for having committed an offence punishable under Section 7 of the Essential Commodities Act, 1955. The respondents were found storing 1400 Erasmic blades in their shop, known as Asharam Dani, for the purpose of sale, at Pali, without displaying their price in the price -list in form No. A at a place as near to the entrance of the business premises as possible. The case against the respondents is that on June 9, 1967, at about 6.30 p.m. their shop was searched by Dalip Singh, Y District Supply Officer, Pali, in the presence of P.W. 2 Ramesh Chandra (Motbir) and 1400 Erasmic blades were found stored therein. This fact has not been denied by the respondents, though they pleaded that the blades were meant for distribution amongst the retail dealers on behalf of the company, and not for sale in their firm. The learned Additional District Magistrate, Pali, who tried the case, relied upon the plea taken by the respondents and held that the respondents were distributors of blades and not their dealers He, therefore, acquitted the accused of the offence under Section 3, read with Section 7, Essential Commodities Act, 1055, by his judgment, dated February 11, 1970. Against the above verdict, the State has preferred this appeal. Learned Counsel for the State submits that the exhibition of the price list is a mandatory provision under Clause 3 of the Order and under that law no exemption has been given to a whole -sale dealer. Learned Counsel further submits that non exhibition of the price list contravenes the provisions of Clause 3 of the above Order and, therefore, penal consequences automatically follow. Counsel for the respondents supported the judgment of the court below.
(3.) CLAUSE 3 of the Order reads as under: 3. Display of list of Prices. - Not later than fifteen days from the commencement of this Order every dealer shall during the hours of his business display conspicuously in Form 'A' a list of prices of articles he deals in at a place as near to the entrance of his business premises as possible: Provided that numerals to be used in the list of prices shall be either in the Devangari form of numerals or any international form of Indian numerals: Provided further that in the case of an article which is added to the Schedule at any time after the commencement of this Order, the period of fifteen days shall be counted from the date on which such article is added to the Schedule. Clause 5 of the Order is in the terms Following: ;