JUDGMENT 1. - The judgments of the two courts below convicting the accused-petitioner under Section 3 read with Section 7 of the Essential Commodities Act, 1955 (for short, the Act) for contravention of clause 3 of the Rajasthan Display of Prices and Stock of Essential Commodities Order, 1976 (for the Order) cannot be sustained. The revision petition is likely to be accepted. The reasons are as under: 2. Bheru Singh, Enforcement inspector visited the business premises of the petitioner on July 16, 1975 in Vijay Nagar town. On the shop of petitioner he was dealing with electric goods, cement, and iron etc. At the time of checking it was found that neither the stork position nor the price list was displayed as required by cl. 3 of the Order. The petitioner was prosecuted and after trial he was convicted by the learned Chief Judaical Magistrate Ajmer under this judgment dated July 14, 1977 and was sentenced to undergo three months simple imprisonment and pay a fine of Rs 100/-or in default of payment of fine to further suffer 15 days' simple imprisonment. The petitioner appealed before the learned Sessions Judge and the appeal was transferred to the court of learned Additional Sessions Judge No. 1 Ajmer who under his order dated May 7, 1984 dismissed the appeal. 3. The order was made by the State Government in exercise of the powers under Section 5 of the Act. Under clause 3 of the aforesaid Order a dealer is required to display the price list and stock position as near as possibly to the entry of the business premises and within t5 days from the coming into force of the Order. Under the second proviso of clause 3 so far as goods which were added in the schedule to the Order are concerned the period of 15 days as aforesaid is to be calculated from the day of the addition of the goods in the schedule. Clause 4 of the Order vests power in the State Government to delete any item from the schedule or add any item to it. In exercise of the powers conferred under Section 4 of the Order the State Government vide Notification dated July 2, 1975 published in the Rajasthan Gazette Extra-ordinary dated July 2, 1975, added as many as 12 items to the schedule.
In exercise of the powers conferred under Section 4 of the Order the State Government vide Notification dated July 2, 1975 published in the Rajasthan Gazette Extra-ordinary dated July 2, 1975, added as many as 12 items to the schedule. Earlier there were 16 items but under the aforesaid gazette notification from S No 117 to 28, IL items were also added. At S. No. 22 are electric wire. cable and tube lights. This item having been added on July 2. 1915 under clause 4 of the Order, the petitioner was only required to display the stock and price list under clause 3 of the Order within 15 days of July, 1975. The business premises of the petitioner were inspected on July 16, 1975. The petitioner for the reason aforesaid could have displayed the stock and price tube lights etc. by July 17, 1975. Thus, on July 16, 1975 he did not commit any offence by not dis-laying the price and stock list as aforesaid. 4. Consequently, the revision petition is allowed. The Judgments of the the two courts below convicting and sentencing the petitioner under Section 3/7 of the Act for contravention of clause 3 of the Order are set aside. The accused-petitioner is acquitted of the charge-levelled against him. He is on bail. He need not surrender to his bail bonds, which are hereby discharged.Revision accepted. *******