MOHAMMAD HUSSAIN Vs. STATE OF U P

JUDGEMENT

(1.) S. R. Bhargava, J. By this revision revisionist Mohd. Husain, a resident of Usahet in district Badaun has challenged his conviction and sentence under Section 3/7 of the Essential Commodities Act.

(2.) BOTH the lower courts have accepted the prosecution Story that on 7th December, 1981, at about 2. 45 p. m. , after information that the revisionist was hoarding Cement in his shop and was selling the same in black-market the raiding party raided his shop and recovered 51 bags of Cement. Defence of the revisionist was that it was "sagol" Cement and was stocked for personal use of the revisioni&t. BOTH the lower Courts believed prosecution evidence and disbalieved the defence case. They found him guilty of hoarding and selliug cement in contravention of the U. P. Cement Control Order, 1973 and sentenced him to rigorous imprisonment for three months and fine of Rs. 500.

(3.) IN result, this revision has no force. Revision is dismissed. At the time of pronouncement of Judgment by the lower appellate Court revisionist was absent. IN this Court he was required to furnish certificate that he has surrendered and is in jail. He did not furnish any certificate nor applied for bail. He shall be taken into custody for serving out his sentence, if not yet taken into custody and if fine has not yet been recovered from him, the same shall be recovered from him. Revision dismissed. .