- (1.) This appeal has been preferred by the State of Rajasthan against the judgment dated 2-7-1987 passed by the learned Special Judge. Essential Commodities Act, Jalore in Criminal Case No. 5/ 1986 by which the learned Special Judge, Essential Commodities Act, Jalore dropped the proceedings against the accused respondent holding that the trial against the accused respondent could not be proceeded further for violation of Clauses 6 and 7 of the Rajasthan Cattle Fodder (Sale of Stock and Prohibition of Export) Order, 1985 (hereinafter referred to as the Order of 1985) punishable under Section 3/7 of the Essential Commodities Act as on 2-7-1987, the Order of 1985 was not in force.
(2.) It arises in the following circumstances : (i) On 7-11-1985 Shyam Das (P.W.2), Tehsildar Sanchore checked Truck No. RSN 9655 belonging to M/s Rakesh Transport Company in the belt area within 10 Kms. Range of Border of Gujarat Rajasthan through Fard Checking Ex. P/1 and in that Truck, the accused respondent was the driver at that time and that truck was carrying 100 sacks of Gwar powder, out of which 50 sacks were to be delivered to Tagraj Ganesh Mal and 50 sacks were to be delivered to Mishrimal Champalal. The aforesaid goods were seized througho Fard Seizure is Ex. P/2. ii) Further case of the prosecution is that goods were being carried without permit and thus, there was violation of Clauses 6 and 7 of the Order of 1985 punishable under Section 3/7 of the Essential Commodities Act. (iii) After investigation challan was filed against the accused respondent for violation of clauses 6 and 7 of the Order of 1985 punishable under Section 3/7 of the Essential Commodities Act.
(3.) That on 27-2-1986, charge was framed for offence under Section 3/7 of the Essential Commodities Act by the learned Special Judge, Essential Commodities Act, Jalore against the accused respondent who pleaded not guilty and claimed trial.;