SHAMEEM AHMAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No. 1345 of 2001 (Old No. 947 of 1988), dated 20.06.2008 whereby the High Court upheld the judgment of conviction and modified the order of sentence passed by the Trial Court in Special Criminal Case No. 6 of 1987, dated 07.04.1988. The brief facts of the case are that the Appellant was in charge of the go-down of the UP Food and Essential Commodities Corporation Ltd., Kotdwar Branch (for short, "the Corporation"). On 26.08.1996, the stocks and records of the said Kotdwar Branch were inspected by the Regional Food Officer together with other officials. During the inspection, inter alia it was found that the rate and stock had not been exhibited on the board hanging in the shop, 77.89 quintals of unlicensed non-levy sugar had been stored in the go-down and certain sales in the sales records were forged. After inspection thereof, the Regional Food Officer filed a report before the S.O., Kotdwar on the basis of which an FIR was filed.

(2.) Subsequently, the investigation was completed and the charges were framed against the Appellant for offences Under Section 7 read with Section 3 of the Essential Commodities Act, 1955 (for short "the Act"). The Appellant pleaded not guilty and the case was committed to trial.

(3.) The prosecution examined 5 witnesses, while no witnesses were produced by the defense. The Appellant's statement was recorded Under Section 313(1)(b) of the Code of Criminal Procedure (for short "the Code") wherein he stated that he had been falsely implicated.