1968 (4) TMI 93 - HC - Indian Laws

Summary

Issues:
1. Conviction under Section 7 of the Essential Commodities Act for violation of the Imported Food-grains Order, 1958.
2. Seizure of imported wheat and flour from the petitioner's business premises.
3. Defence claim that the food grains did not belong to the petitioner.
4. Compliance with the prescribed provisions of law in the trial process.

Detailed Analysis:
1. The petitioner was convicted under Section 7 of the Essential Commodities Act for violating the provisions of the Imported Food-grains Order, 1958, and was sentenced to pay a fine and undergo imprisonment. The conviction was based on the seizure of imported wheat and flour from the petitioner's premises, leading to the prosecution's case against him.

2. The prosecution's case involved a search of the petitioner's business premises based on a public petition, resulting in the seizure of imported wheat and flour. The Magistrates conducting the search submitted a report leading to the petitioner's prosecution for violating the food-grains order. The seized foodgrains were found in different rooms of the petitioner's premises.

3. The defence argued that the seized food grains did not belong to the petitioner but to two other individuals, claiming they had left the wheat and flour with the petitioner for safekeeping. However, the Magistrate rejected this defence, leading to the petitioner's conviction under the Essential Commodities Act.

4. The trial process was found to be flawed as it did not comply with the prescribed provisions of law. The trial was conducted as a summary trial under the Essential Commodities Act, but the procedure followed was akin to a summons-case trial instead of a warrant-case trial. This deviation from the prescribed procedure rendered the trial illegal and not curable under Section 537 of the Code of Criminal Procedure. The failure to follow the correct trial procedure deprived the accused of a fair trial, leading to the setting aside of the conviction and the order for a fresh trial following the correct legal provisions.

In conclusion, the judgment highlighted the importance of following the correct trial procedures in accordance with the law to ensure a fair trial for the accused. The failure to adhere to the prescribed provisions of law led to the setting aside of the conviction and the direction for a fresh trial to be conducted following the appropriate legal procedures.