1. - This second appeal arises out of a suit filed by the respondent for damages against the appellant State of Rajasthan. The suit was dismissed by judgment and decree dated, 24.8.85 passed by the Munsiff and Judicial Magistrate, First Class, Bundi, in Civil Suit No. 268/81. On appeal, the learned District and Sessions Judge, Bundi, decreed the suit vide his judgment dated, 23.2.88 and the appellant has been directed to pay Rs. 2,000/- with costs and interest at the rate of 6% w.e.f. 4.4.78 till the date of realisation.

2. The prosecution was launched against the respondent in the court of Chief Judicial Magistrate, Bundi, on 23.4.73 by the Enforcement Officer of the District Supply Office, Bundi, under section 3/7 of the Essential Commodities Act, 1955. In that case it was alleged that the plaintiff-respondent was carrying 87 Qtls. 50 Kg. 700 Gms. wheat in truct No. RSR 315. The truck was checked by the Enforcement Officer, near village Khatkar. The plaintiff-respondent failed to produce the declaration regarding wheat and had therefore, committed violation of clauses 3 and 4 of the Rajasthan Food Grains (Prevention of Hoarding) Order 1973. The case was decided by the lea