Kashmir Court Acquits Srinagar Meat Seller  | Kashmir Life

SRINAGAR: A Srinagar court has acquitted a butcher booked under the Essential Commodities Act after holding that the prosecution failed to establish any legal requirement mandating the display of a government rate list at his shop.

The judgment was delivered on May 7, 2026, by Kamiya Singh Andotra, Special Mobile Magistrate Srinagar (Railway Magistrate Kashmir), in a case arising out of FIR No. 60/2021 registered at Police Station Safa Kadal.

The case, titled UT through SHO P/S Safa Kadal vs Mohammad Yaqoob Kalla, pertained to alleged offences under Sections 3 and 7 of the Essential Commodities Act.

The prosecution was represented by Additional Public Prosecutor Angad Shan, while the accused was represented by advocates Vaseem Aslam and Mansab Wadoo.

According to the prosecution, on April 28, 2021, officials of the Food, Civil Supplies and Consumer Affairs Department conducted market checking in the Chattabal area and found accused Mohammad Yaqoob Kalla allegedly selling meat without displaying a rate list.

A written complaint was subsequently lodged at Police Station Safa Kadal by Tehsil Supply Officer Abdul Karim Wani, following which an FIR was registered and investigation initiated.

The prosecution alleged that the accused was indulging in illegal profiteering by selling meat at higher rates without displaying the official rate list. During trial, the prosecution examined four witnesses, including officials of the Consumer Affairs Department and the investigating officer.

Tehsil Supply Officer Abdul Karim Wani deposed before the court that during inspection the accused failed to produce a rate list for display at his butcher shop in Chattabal. Other officials including Mushtaq Ahmad Narwari and Manzoor Ahmad Sofi corroborated the inspection proceedings.

However, during cross-examination, prosecution witnesses admitted that no customer was present at the shop at the relevant time and no complaint had been received from any consumer regarding overcharging.

The investigating officer, Inspector Manzoor Ahmad, also admitted that no seizure was made from the shop, no weighing scales or sale records were recovered, and no photography of the premises was conducted. He further stated that the shop was found closed during investigation and acknowledged that he could not specify how much above the prescribed rate the accused had allegedly sold the meat.

The defence argued that the accused primarily dealt in sheep head and trotters and that the government notification relied upon by the prosecution only fixed rates for dressed mutton. Counsel for the accused contended that no statutory provision, notification or circular mandated shopkeepers to display a rate list inside their shops.

Accepting the contention, the court observed that neither Section 3 of the Essential Commodities Act nor the government notification dated March 18, 2021 imposed any legal obligation upon butchers to paste or display a rate list.

“A bare perusal of Section 3 of the Essential Commodities Act and the notification relied upon by the authorities and prosecution reveals that nowhere is there any provision mandating that butchers or shopkeepers dealing in mutton must paste or display a rate list in their shops,” the court held.

The magistrate further observed that the prosecution had failed to place on record any circular, notification or lawful direction creating such an obligation.

Holding that criminal liability could not be imposed in the absence of an express statutory requirement, the court said the prosecution had failed to prove the charges beyond reasonable doubt.

The accused was accordingly acquitted and his bail bonds discharged.