RAM PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) RAM Prasad has been convicted under Section 3/7 of the Essential Commodities Act and sentenced to a fine of Rs, 1,000.00 which was reduced to Rs. 500.00 in appeal (Criminal Appeal No. 32 of 1972) by the Sessions Judge, Etawah by his order dated 8. 5. 1972.

(2.) THE prosecution allegations are that Ram Prasad held a licence for dealing with Vanaspati Ghee at his shop in Mohalla Homesganj. He had no licence for storing it at his residence in Mohalla Akalganj. The District Supply Officer inspected his shop and his house on 9. 3. 1970 and found 192 tins of 16.5 Kilograms of Vanaspati Ghee stored at his house. At his shop he had found only 6 such tins although in the Stock Register the opening balance was shown as 200 tins of vegetable oil of 16.5 Kilograms, besides 29 tins of 4 Kilograms, 64 tins of 2 Kilograms. The District Supply Officer sent a report to the police. It was also alleged that he had maintained a Stock Register at his shop but did not maintain Sale Register or Cash Memo.

(3.) THE revision is allowed, and the orders of the lower courts are set aside and the applicant is acquitted of the offences with which he was charged. The fine if realised shall be refunded.