- (1.) The State is aggrieved by the judgment dated 21.04.1990 passed by the Chief Judicial Magistrate, Bhilwara, whereby the learned Magistrate has acquitted accused respondent Nos. 1 & 2 for offence under Section 3/7 of the Essential Commodities Act.
(2.) Briefly, the facts of the case are that on 13.12.1979 a raiding party had inspected the shop of accused respondents. The raiding party found that the accused respondents are trading in sugar. At the time of raiding, the raiding party found more than ten quintals of sugar. Thus, there was more sugar than the permissible qunatity. They also found some irregularities about the stocks and price list of the commodities. Against the accused respondents, the charges were framed under Sections 3/7 of the Essential Commodities Act ('the Act', for short).
(3.) In order to buttress its case, the prosecution examined seven witnesses and submitted few documents.;