STATE OF U P Vs. JAI PRAKASH

JUDGEMENT

(1.) THIS appeal is directed against the order dated 15-5-77 by Sri S. R. Maheshwari, learned Chief Judicial Magistrate, Rampur in case no. 1594 of of 1976, who acquitted respondents of the charges under section 3/7 of Essential Commodities Act. THIS appeal arose under following circumstances.

(2.) IT appears that on 29th of September, 1974 at about 3-45 A. M. appellants were found carrying wheat loads in Government Roadways Bus no. USE 5946 without any permit or authority when they were intercepted near Kosi Bridge Police Station Civil Lines, Rampur. Loads of wheat each weighed variously as detailed in recovery memo Ext. Ka-2 dated 29-9-74 drawn by Sri V. P. Singh, S. O. in presence of constables and Imdad Ali (PW 1) examined by learned trial Magistrate who took cognizance of the offence and framed charge against respondents under section 3/7 (1) (a) (ii) of Essential Commodities Act, 1975 read with section 6 of U. P. Wheat and Wheat Products (Regulation of Trade and Control Movement) Order, 1974.

(3.) STATE has preferred this appeal against the order of acquittal.