- (1.) The appellant Krishi Upaj Mandi Samiti, is aggrieved by the judgment dated 24.11.2010 passed by the learned Judicial Magistrate, Begun, District Chittorgarh, whereby the learned Magistrate has acquitted the accused-respondents for offences under Sections 4 and 17 of the Rajasthan Agriculture Produce Markets Act, 1961 ('the Act', for short)'.
(2.) The brief facts of the case are that on 27.02.2001 the Secretary of Krishi Upaj Mandi Samiti, Begun had lodged a complaint against the accusedrespondents, wherein he had claimed that M/s. Khetaram & Party is a licence holder for selling doda post in the agriculture market. The licence was given to them for a total sum of Rs.62,70,000/-. According to the Act, they were supposed to pay a market fees at the rate of Rs.1.60 per hundred on the agriculture produce sold by them. Moreover, according to the circulars (Ex.P/14 and Ex.P/15) they were equally supposed to pay a mandi fees on the amount of licence granted to them for the sale of doda post by the Excise Department. Thus, for the year 1999- 2000 and for the year 2000-2001, they owed a total mandi fees of Rs.2,26,165/-. Out of the said amount, the accused-respondent had paid merely Rs.60,000/-.
(3.) Therefore, they have failed to pay a mandi fees of Rs.1,66,165/-. Since there is evasion of mandi fees, it contravened the provisions of Section 4 of the Act. Hence, they are liable to be punished under Section 28 of the Act.;