Mahesh Chandra Bhagwati, J. - (1.) THIS judgment governs the disposal of criminal appeal directed against the order dated 23rd of July, 1987 passed by the Special Judge , Jalore whereby the learned Judge has dropped the proceedings pending there against the accused respondents Chaina Ram, Liyakat Ali and Sobu under Section 3 read with Section 7 of the Essential Commodities Act. The accused respondents are alleged to have been prosecuted for the violation of the provisions of Rajasthan Cattle Fodder (Sale of Stock & Prohibition of Export) order 1985 (hereinafter referred to as 'the Order of 1985').
(2.) HEARD Mr.O.P.Rathi, learned Public Prosecutor, as also Mr.Manish Shishodia, counsel appearing on behalf of the accused respondents, perused the relevant material available on record and scanned the relevant order issued by the Government of Rajasthan, which came into force on 01st of October, 1985. The learned Public Prosecutor, Mr.O.P.Rathi, has contended that on the relevant date of occurrence, the Order of 1985 was alive and in force. If the accused respondents have acted in violation of this order, they are liable to be prosecuted under the provisions of the Code of Criminal Procedure, 1973.
(3.) LEARNED Counsel Mr.Manish Shishodia, appearing for the accused respondents, has argued that the accused respondents could not be prosecuted in the Court for the violation of order of 1985, which was there, also to show the order which was alive only upto 31st of July, 1986, he has cited the case of Jai Chand v. State of Rajasthan in support thereof. The learned Counsel Mr.Shishodia has further argued that the case at hand is squarely covered by this judgment of this Court, which is based on two judgments of the Hon'ble Supreme Court, which have been referred therein.;