OMPRAKASH BABULAL AGRAWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal of 1995 arising out of the judgment in Special Case No. 93 of 1992. However, this appeal remained in the cut -off board for very long time may be because of the fact that the accused is enlarged on bail.

(2.) BY way of this appeal, the appellant, who was accused in Special Criminal Case No. 93 of 1992 has challenged the conviction recorded by the learned Special Judge, Court No. 2, Ahmedabad and sentenced him to suffer rigorous imprisonment for three months and to pay fine of Rs. 1,000/ -, in default to suffer rigorous imprisonment for 15 days vide judgment and order dated 24.10.1994.

(3.) ON 14.5.1990, the Assistant Food Controller again inspected the shop of the accused in the presence of panchas and at that time, the shop of the accused was closed. Search for the accused was made at his residence but he was not found. Thereafter, in the presence of brother of the accused, Jagmohan Babulal Agrawal, the shutter of the shop was opened by breaking the lock. The stock of 295 bags of wheat, 50 kg. of peas (kathod) 25 kg. of Adad pulse, 50 kg. of mag pulses, 60 kg. of Masur pulses and 40 kg. of Tuvar pulses were seized and a seizure memo was served on the brother of the accused, Jagmohan. Said stock which was seized was handed over to the brother of the accused for keeping the same in safe custody on behalf of the Government.