IDDINABBA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners 1 to 6 were accused Nos. 1 to 6 respectively in C.C. No. 414/81 on the file of the J.M.F.C. Bantwal. They were tried for an offence punishable under section 7 of the Essential Commodities Act (for short the Act) read with clause 3(1) of the Karnataka Pulses Dealers Licensing Order 1977 (for short the Order) for being in possession of 15.16 quintals of pulses on 15-11-1980 when their business premises, at Pane-Mangalore was searched by P.W. 2 without valid license.

(2.) As the accuseds denied the commission of the offence, P.Ws. 1 to 9 were examined and Exs. p. i to p. 9 were produced on behalf of the prosecution. D.W. 1 was examined and Exs. D. 1 to D. 5 were produced on behalf of the accuseds to show that they had applied for a license on 10-11-1977 and 23-1-1978 as per Exs. D. 1 and D. 2 for grant of license after paying necessary fees.

(3.) Accepting the prosecution evidence, the learned Magistrate convicted the accuseds for the said offence and sentenced each of them to pay a fine of Rs. 800/- or in default to undergo simple imprisonment for 30 days. The appeal of the accuseds against the said conviction and sentence was dismissed by the learned Sessions Judge, Dakshina Kannada, Mangalore. Hence, this revision petition by the accused.