SANTOSH RUNGTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 23-12- 2002 passed by the Special Judge under Essential Commodities Act, 1955 (for short, "the Act, 1955"), Rajnandgaon, CG in Special Case No. 32 of 1997 wherein the said Court has convicted the appellant for the commission of offence under Section 7(2) of the Act, 1955 and sentenced him to undergo RI for three months and to pay fine of Rs.5000/- with default stipulations. The said court further ordered confiscation of paddy which was excess of the stock register shown by the appellant.

(2.) As per case of the prosecution, in brief, is that on 3-5-1997 a search was made by the authorities of the Food Department in the firm of R.S.R. Rungta Boiling Plant, Devada wherein 80.10 quintal of flour of wheat and 572.31 quintals of wheat were found excess which is not shown in the stock register of the appellant and thereby the aforesaid offence is committed. Thereafter, case of the appellant was registered and investigated and after completion of investigation charge sheet was filed. After completion of trial, the trial Court convicted and sentenced the appellants as aforementioned.

(3.) Learned counsel for the appellant would submit as under: