JAS RAJ CHOPRA,J. - (1.) THIS appeal is directed against the judgment of the learned Chief Judicial Magistrate, Chittorgarh dated November 26, 1977 whereby the learned lower court has acquitted the accused -respondent Shankarlal of the offence under Section 3/7 of the Essential Commodities Act, 1955 (here in after referred to as 'the Act') read with Condition No. (3) of the Licence of Rajasthan Hydrogenated Vegetable Oil Dealers Licensing Order, 1968 (for short 'the Order').
(2.) THE facts necessary to be noticed for the disposal of this appeal briefly stated are: that on November 12, 1974, 20 tins of vegetable oil were being carried on the roof of Bus No. RJY 1874 which was going from Chittorgarh to Arnod. The SHO, Chittorgarh got information that accused Shankerlal was carrying these 20 tins on the roof of the Bus. He therefore, informed Head Constable Incharge of the Police Station, Nimbaheda. The Head Constable Nimbaheda checked the bus and found these 20 tins of vegetable oil lying on the roof of the Bus. When the conductor was asked as to who was the the owner of these tins, he brought accused Shankerlal and said that these tins were being carried in the bus on his account. Six bills and two tickets were recovered from his possession which were seized by memo Ex. P1. The tins were also seized by the police and after usual investigation, the case of the accused was challaned in the learned lower court. After trial, the learned lower court held that these 20 tins of vegetable oil were being carried by accused Shankerlal on the roof of this bus. He was having 6 bills relating to these tins in his possession which were recovered from him. It has, however, held that it has not been proved that he was a dealer of vegetable oil and, therefore, he committed no offence for carrying these tins and so he has been acquitted. It may be pertinent to note here that these tins were being carried to Neemuch in Madhya Pradesh and not to any destination in Rajasthan.
(3.) I have heard Mr. M.C. Bhati, learned Public Prosecutor for the State and Mr. G.S. Mehta, learned Counsel for the accused respondent. I have also meticulously gone through the record of the case.;