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1989 DIGILAW 230 (MP)

KIRAN JAIN v. STATE OF M. P.

1989-08-14

P.C.PATHAK

body1989
P. C. PATHAK, J. ( 1 ) THIS Judgement shall also govern the disposal of Criminal Appeals Nos. 543/87, 540/87, 534/87, 535/87, 537/87, 595/87, 556/87, 557/87, 558/87, 555/87, 554/87, 552/87, 553/87, 587/87, 584/87, 586/87, 583/87, 585/87, 569/87, 574/87, 577/87, 579/87, 542/87, 573/87, 568/87, 562/87, 580/87, 563/87, 576/87 and 538/87. ( 2 ) THE appellants challenge their convictions under S. 7 read with Section 3 of the Essential Commodities Act, 1955 (X of 1955) (hereinafter called 'the Act'), for breach of Clauses 14 and 15 of the M. P. Foodstuffs (Distribution Control) Order, 1960 (hereinafter called 'the Order' ). The appellant in this appeal was sentenced to S. I. for one year and a fine of Rs. 10,000/- in default S. I. for six months. ( 3 ) THE prosecution case is that the Wholesale Consumers' Co-operative Store, Seoni, was appointed as an authorised agent under M. P. (Khadya Padarth) Sarvjanik Nagrik Purti Vitaran Scheme, 1981. Appellant Smt. Jain was the sales-woman of the fair price shop run by the Wholesale Store. Other accused persons held different posts of supervisory nature in the Store. Ninety canisters of edible oil were issued to the Store for distribution to card-holders consumers. The appellants instead sold the oil in black-market and earned illegal profits. All the accused persons denied the commission of offences. The learned Special Court convicted and sentenced the appellants as aforesaid. Hence these appeals. ( 4 ) AFTER hearing learned counsel for both the parties, I am of the opinion that the convictions of the appellants cannot be sustained. The foodstuffs order was made by the State Government in exercise of powers conferred by Section 3 of the Act read with the Government of India, Ministry of Food and Agriculture (Department of Food) Order No. G. S. R. 1088, dated the 15th November, 1958, issued under Section 5 of the Act and with the prior consent of the Central Government. The Order was published in M. P. Rajpatra, Pt. I, dated 5-11-1960 at page 1396. By Notification No. 6512-3040-1-80, dated 30th October, 1980, the State Government made amendments in exercise of powers conferred by Section 3 of the Act read with the Government of India, Ministry of Agriculture and Irrigation (Department of Food) Order No. G. S. R. 800, dated 9th June, 1978. By Clause 4 of the Amending Order, Clauses II to 16 of the Foodstuffs Order were omitted. By Clause 4 of the Amending Order, Clauses II to 16 of the Foodstuffs Order were omitted. Thus relevant Clauses 14 and 15 of the Order did not exist in the Statute Book w. e. f. 30th October, 1980. In all these appeals, the offences were committed during 1983-84. It is surprising that the State Economic Offences Investigating Bureau, Bhopal, Branch Jabalpur, so also the learned Tribal Court, did not notice the deletion of Clauses 14 and 15 of the Foodstuffs Order as back as 30th October, 1980. Therefore, the prosecution so also the convictions of the appellants were illegal and without authority of the law. ( 5 ) THE appeals are allowed. Convictions so also the sentences passed on the appellants are hereby set aside, and the accused persons are acquitted of the charges framed against them. Fine, if paid, be refunded to the appellants. These acquittals will, however, not debar the State Government from taking any other action against the appellants according to law. Appeal allowed. .