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Judgment
These petitions can be disposed of by a common order as a common question of law arises in these petitions. The Ist respondent-Agricultural Market Committee, Jogipet filed complains against the petitioners for violation by non-payment of market fees under sections 12A, 12B and 12C of the A.P. Agricultural Produce and Livestock Markets Act, 1966 hereinafter referred to as the ''Act''.
In the complains it is stated by the Ist respondent that a notice u/s 12A of the Act was issued to the petitioners to file the account books, so that the assessment u/s 12B of the Markets Act could be made. Even though a notice was given by the Ist respondent to the petitioners, the petitioners did not file any accounts. Therefore, the Market Committee-Ist respondent assessed the market fee, following the best judgment procedure as provided u/s 12B of the Act. Thereafter a notice was given to the petitioners to pay the amount, but the said amount was not paid, even though a reminder was issued by the Ist respondent after-notice. Therefore, the prosecutions are launched through complaints.
The said complaints are challenged in these petitions on the ground that violation of the provisions of Sections 12A, 12B and 12C of the Act cannot be penalised as per Section 23 of the Act. Sections 12A, 12B and 12C of the Act were introduced by way of an Amendment Act, Act 4/87 for facilitating the Market Committee to take action for non-production of the accounts and to assess the market fees, where the persons failed to produce the accounts in spite of a notice and further providing issuance of notice and collecting the market fees. Thus, this is the procedure provided by the Amendment Act. Section 12(1) of the Act which was there, before introduction of Sections 12A, 12B and 12C, fastened the liability on the person to pay the market fees whenever the person contravenes the provisions of the Act, and failure to pay the market fees as per Section 12(1) was penalised as an offence u/s 23 of the Act. After introduction of Sections 12A, 12B and 12C of the Act there is no corresponding amendment to Section 23 of the Act extending penalisation for the violation of Sections 12A, 12B and 12C as an offence. Therefore, once the violation of Sections 12A, 12B and 12C is not made penal, there cannot be any prosecution for their violation. As per Art. 20(1) of the Constitution of India not person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence. Though there is violation of the provisions covered by Sections 12A, 12B and 12C still since there is no corresponding penal provision for such violations by means of an amendment or insertion of a penal provision in the Market Act, the accused cannot be prosecuted before the Criminal Court for such violations. In view of this, the proceedings against the petitioners in the Criminal Court are not maintainable and are accordingly quashed.
However, it is made clear that it is open to the Market Committee to take such action as is available under the said provisions to recover the amounts as arrears of land revenue from the petitioners as also to prosecute them u/s 12(1) of the Act.
The petitions are accordingly allowed.
Petitions allowed.