Rameshwar Dayal and ors. Vs. the State of Rajasthan

.....maintaining accounts & registers properly--stock not properly mentioned--held, conviction is maintained but order of confiscation deserves to be quashed.;in all other respects the accused were acting in a regular manner by having a licence, keeping a register in a proper manner and maintaining a price list, but a slight lapse of non-maintaining of the stock on sunday resulted in the conviction, is certainly a factor which can be taken into consideration for the purpose of punishment. the sentence awarded does not call for any interference, but the consequential order of confiscation of goods deserves to be quashed.;revision partly allowed - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. order, 1975--stock not displayed-accused functioning in shop on holiday--held, theory of holiday was rightly disbelieved.the theory of holiday har not been, believed by the lower, court and correctly so, because the accused were actually functioning in the shop and doing the business.(c) rajasthan essential 'commodities (display of prices & stock)