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Judgment
M.M. Aggarwal, J.—This is a petition against order dated 23.8.1997 passed by Presiding Officer, Special Court, Kaithal whereby present petitioner was charged for the offence u/s 7 of the Essential Commodities Act for contravention of provisions of Clause 3 and 16(2) of Haryana Rice Procurement and Levy Order, 1985 on the allegations that he did not deliver the levy of 2933 qlts. rice superfine during the year 1995-96 nor produced the fort nightly returns and record before the District Food and Supplies Controller, Kaithal.
In this case, Haryana Government had issued Notification No. SO/23/CA/10/55/S-3/95 dated 9.11.1995 and amended Haryana Rice Procurement and Levy Order, 1985 to the effect that levy for khariff would remain exempted for the session 1995-1996.
From the perusal of the impugned order dated 23.8.1997, it would come out that the notification of the Haryana Government was not disputed before the trial Court but since accused had given 8509 qlts rice as levy to the Government in that year, therefore, it was found that he was liable for the offence.
If accused had given some levy of his own and it was accepted by the Government that will not make him liable for the offence when in view of the Notification he had been exempted from levy.
I find merit in this petition and the same is accepted. Order dated 23.8.1997 passed by Presiding Officer, Special Court, Kaithal is set aside.