GIRJA NATH Vs. STATE

JUDGEMENT

(1.) THE applicant Girja Nath has been convicted under Section 7(2)(a) of the Essential Supplies Act for contravention of the terms of license "B" issued under the U.P. Foodgrains Control Order 1948. Under Section 7(2)(a) of the Essential Supplies Act, he has been ordered by the lower court to pay a fine of Rs. 500/ - and under Section 7(2)(b) of the same Act the entire grain, in respect of which he is alleged to have contravened the provisions of the U.P. Foodgrains Control Order, 1948, has been ordered to be forfeited to the Government,

(2.) THE applicant is a proprietor of a firm styled as Messrs Kalika Prasad Girja Nath at Auraiya. It appears that the firm was carrying on business in grains. On the 8th of November, 1950, there was a raid of this firm by Shri Sukbir Singh S.O. Auraiya under the orders of Shri J.N. Gupta, S.D.M. Auraiya - During this raid, it was discovered that 19 bags of bajra weighing 48 Mds. 22 Srs. and 12 Chhs. were found in the store. It was also found that there was no entry of the bajra in the Stock Register Ex. P -4. Shri Sukhbir Singh (P.W.2) prepared the recovery list Ex. P -5 and made a report Ex. P -1 to Shri J.N. Gupta (P.W.1) who examined Girja Nath accused under Section 164, Cr. P.C., immediately and recorded his statement which is Ex. P -2. The statement of Girja Nath given at the time would show that his defence was that the bajra in question was purchased on the 5th of November 1950 and that he left for Kanpur on the same day, and, therefore, the entity could not be made on that. He was out of station and did not return till the 8th of November, 1950 when the raid was made.

(3.) BOTH the lower courts have believed the defence evidence and have held in favour of the accused that the bajra in question was purchased on the 5th of November, 1950, that as alleged by the accused, he had left for Kanpur on the 5th of November, 1950, and that he did not return from there till the 8th of November, 1950.