VIJAI PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Nagendra Bahadur Singh learned counsel appearing on behalf of the appellant, Rameshwar Prasad Shukla, learned A.G.A. appearing on behalf of the State and perused the record.

(2.) This criminal appeal has been preferred against the judgment and order dtd. 21/12/1988 passed by Special Judge, Allahabad in Criminal Case No. 5 of 1985 whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment under sec. 3/7 E.C. Act for a period of one year and to pay a fine of Rs.500.00. In case of default of the payment of fine, he shall further undergo six months rigorous imprisonment. Both the sentences shall run concurrently.

(3.) The prosecution case in brief is that Sri R.S. Saxena was posted as S.D.M. Sirathu. It was mentioned that the accused Vijay Prakash was a licence holder of fertilizer and was doing his business at Saini. On 5/10/1983, Sri Saxena alongwith Tehsildar Sri T.R. Ram inspected the shop of the accused and he found that there was no sale register maintained by the accused nor was shown to the S.D.M; there was no cashmemo prepared by the accused-appellant nor was shown to the S.D.M.; there was entry of 48 bags of Urea upto 21/9/1983. Thereafter there was no entry at all; on physical verification a shortage of 8 bags of fertilizer was detected and there was no entry of 12 bags of fertilizer in the stock register which were found on the shop. The accused-appellant was charged under 3/7 E.C. Act and after taking prosecution evidence, the trial court convicted the appellant with sentence of one year rigorous imprisonment and fine of Rs.500.00.