PREMNARAYAN GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this criminal appeal the challenge levied is to the judgment of conviction and order of sentence dated 25-7-2000 passed by the Special Sessions Judge, Raipur, MP (now CG) in Spl. Criminal Case No. 4/1998 whereby and whereunder he convicted and sentenced the appellant as under:-

(2.) This is admitted by the appellant that he was running grocery shop at village Dheemartikur. On 29-12-1997, P.W. 1 Food Inspector Ram Kishore Shukla had inspected his grocery shop. He did not have fthe licence required under Madhya Pradhesh Scheduled Commodities Dealers (Licensing and Restriction on Hoarding) Order, 1991 (hereafter called as 'Order 1991'). Said Food Inspector had seized paddy by seizure vide Ex. P-2 from him. He had handed over the seized paddy to him on supurdnama vide Ex. P-3.

(3.) In brief the prosecution story is that said Food Inspector had found that appellant had stored 37 bags, each bag contained 70 kg paddy. During inquiry, it was found that he was purchasing the paddy from villagers and used to store it and thereafter sell it to local dealers. Said Food Inspector prepared inquiry panchnama. Thereafter he submitted the inquiry report to Collector Raipur who ordered him to lodge the FIR against the appellant. He wrote a letter to SO Arjuni to lodge the FIR against the appellant. On 19-2-1998, an FIR was lodged against the appellant. After completion of the investigation a charge sheet was filed against him under Section 3/7 of the Essential Commodities Act, 1955 (hereafter called as 'Act of 1955').