- (1.) THIS Criminal Appeal has been filed under Section 374, Cr. P. C. against the judgment dated 22-12-1984 passed by the Special Judge (Essential Commodities act), Jaipur whereby the learned trial Court has convicted the accused-appellant under section 3/7 of the Essential Commodities act and sentenced him for 6 months R. I. and a fine of Rs. 100/ -. in default of which, to further undergo 15 days R. I.
(2.) THE brief facts of the case are that, an fir came to be lodged at Police Station, bhinai District Ajmer by the Enforcement officer on 29-1-1983. It was alleged in the report that the informant along with the Inspector had inspected the shop of M/s. Raju traders on 27-11-1982. They are said to have been Informed by the appellant that he is the salesman of the firm and Proprietor of the same is one Harish Kumar. It is further stated that during the said inspection, following Irregularities were found :- (i) that the firm, without holding any valid license provided under Rajasthan Trade Articles (Licence and Control) Order, 1980 (hereinafter to be referred as Order, 1980, for short) purchased 17 Qutl, and 54 Kg. wheat from M/s. Rakesh Kumar Shyam Sunder, commission Agent on 3-9-1982 through bill no. 3127 in one transaction and for that the firm had to procure a valid licence and this wheat was sold on the shop which is clear from bill Nos. 297, 2008, 124, 1901 and 1421. (ii) that on the shop a list of prices and stocks of trade articles was present but the rates and stocks were not mentioned in that, hence the firm has done the violation of clause 15 of the Order of 1980. (iii) that the firm has never issued the bills on the purchase exceeding Rs. 10/- and it was also stated that the firm is not having any bill book hence it has done the contravention of clause 17 of Order, 1980.
(3.) AFTER registration of an FIR in the aforesaid report the police filed charge sheet on 9-8-1984 for contravention of clauses 3, 15 and 17 of Ralasthan Trade Articles (Licensing and Control) Order, 1980 and as such they have committed the offence under Section 3 of the Essential Commodities Act which is punishable under Section 7 of the said Act. The said charge-sheet was filed against the present appellant and one another namely, harish Kumar.;