State vs Champalal
2022 Latest Caselaw 3541 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 381/1991

State of Rajasthan

----Appellant Versus Champa Lal

----Respondent

For Appellant(s) : Mr. M.S. Bhati, P.P.

For Respondent(s) : Mr. N.K. Gurjar

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

08/03/2022

1. In the wake of instant surge in COVID - 19 cases and spread

of its highly infectious Omicron variant, lawyers have been advised

to refrain from coming to Courts.

2. This criminal appeal has been preferred by the appellant-

State against the judgment dated 20.04.1991 passed by the

learned Chief Judicial Magistrate, Udaipur in Case No.133/83,

whereby the accused-respondent was acquitted of the offence

under Section 3/7 of the Essential Commodities Act.

3. Learned Public Prosecutor makes a limited submission that

the accused-respondent was found to be guilty of

misappropriating 39 kgs. of sugar, by entering 30 ration cards

twice in the concerned stock register, revealed through a physical

inspection conducted by the enforcement inspector in July 1982.

And that, the impugned order, dated 20.04.1991, passed by the

C.J.M, Udaipur did not rightly adjudicate the case on merits in

passing the said order.

                                           (2 of 3)                [CRLA-381/1991]


4.   Learned    counsel       for    the     accused-respondent        however,

submits that the impugned order dated 20.04.1991 is a well

reasoned and speaking order; and that, the learned trial court

passed the said order after taking into consideration the relevant

facts and circumstances of the case.

5. Heard learned counsel for the parties as well as perused the

record of the case.

6. This Court observes that the impugned order was passed by

the learned trial court, while recording relevant findings, based on

the simple and cogent reason of lack of evidence to prove the

guilt of the accused-respondents, and accordingly acquitted him.

The learned trial court found that the concerned stock register, in

which the alleged double entry of about 30 ration cards was found

to have been made, was not placed on the record before the

learned trial court; and that, the concerned person responsible for

the maintenance of the said register was also not produced before

the learned trial court, and therefore it was not possible to arrive

at a conclusion as to whether the entries, so alleged to have been

made, were in fact made or not, nor were any witnesses produced

before the learned trial court to that effect. Further, it was not

even ascertainable through the evidence as to how many ration

card holders were in that particular village.

7. In view of the above, this Court finds that the impugned

order passed by the learned trial court is a well reasoned and

speaking order and does not suffer from any legal infirmity so as

to warrant any interference by this Court.

(3 of 3) [CRLA-381/1991]

8. Consequently, the present appeal is dismissed. All pending

applications stand disposed of. Record of the learned trial court be

sent back forthwith.

(DR.PUSHPENDRA SINGH BHATI),J 92-SKant/-

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