Darbara Singh and anr. vs State of Punjab

S.S. Sodhi, J.

The case against the appellants Darbara Singh and Jamil Khan is that in violation of the directions issued by the Director, Civil Supplies, Haryana under Clause 4 of the Haryana Rice Procurement (Levy) JUDGMENT 1979, they were exporting 160 bags of superfine rice from Haryana to Dehi and had thereby committed an offence punishable under Section 7 of the Essential Commodities Act, 1955.

It is conceded by Mr. J.B. Taccoria, appearing for AdvocateGeneral, Haryana that the directions issued by the Director, Food and Supplies Haryana, were never published in any gazette nor were the appellants in any manner informed of them. This being the situation, counsel for the petitioner, relying upon the judgment of M.M. Punchhi, J. in Crl. Misc. No. 6208/M of 1984 (Arjan Das v. State of Haryana and others), decided on January 10, 1985, rightly contended that as the said JUDGMENT was never published in any government gazette or otherwise publicised, violation thereof by the appellants could not render them liable to penal consequences.

Such thus being the circumstances here, the conviction of the appellant Jamil Khan cannot be sustained and is accordingly hereby set aside. The bail bonds of this appellant, who is on bail, shall stand discharged. Fine, if paid, is also ordered to be refunded to him.

As regards Darbara Singh, after issuing notice to him under Section 6B of the Act, the truck in question was ordered to be confiscated with the direction to Darbara Singh to pay a fine of Rs. 5,000/ in lieu of its confiscation. This order too cannot be sustained and is accordingly hereby set aside.

This appeal is thus accepted.