MOHSIN ALI KHAN Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the appellant Mohsin Ali Khan against the judgment and order dated 07.02.1991 passed by the learned Special Judge, Ghazipur in Criminal Case No.9 of 1990 (State Vs. Mohsin Ali Khan), arising out of case crime no.122 of 1989, under Section 3/7 of the Essential Commodities Act, P.S. Kasamabad, District Ghazipur, whereby the appellant was convicted and sentenced under Section 3/7 of the Essential Commodities Act for six months' rigorous imprisonment.

(2.) Filtering out the unnecessary details, the prosecution story in brief is that a complaint was jointly made to the District Magistrate, Ghazipur by Sri Abdul Sattar Nomani, President, Nagar Congress Committee, Bahadurganj and Sri Imtiyaz Ahmad, Mohd. Murtaza, Mohd. Zakariya, A. Salam, Shivnath, Gayasuddin, Members of Town Area Bahadurganj against the appellant Mohasin Ali Khan, Dealer of Fair Price Shop Bahadurganj regarding the irregularities committed by him in distribution of sugar and on the basis of said complaint, an enquiry was conducted by the Supply Inspector regarding distribution of sugar. Finding certain irregularities in the distribution of sugar by making forged entries in the distribution register and black-marketing of the same, a report Ex. Ka-1 was made to the In-charge, Police Chowki, Bahadurganj, District Ghazipur. As the appellant/ Dealer of Fair Price Shop by showing forged sale of sugar, committed black-marketing, hence he has violated the provisions of U.P. Food Grains and other Essential Articles Distribution Order, 1977, which is an offence under Section 3/7 of the Essential Commodities Act, 1955 and it was requested to lodge an FIR against the appellant Mohasin Ali Khan.

(3.) On the basis of the written report Ex. Ka-1, a case in crime no.122 of 1989 was registered under Section 3/7 of the Essential Commodities Act against the appellant and the investigation was handed over to Sub-Inspector Gyan Prakash Tripathi. The Investigating Officer recorded the statements of the witnesses under Section 161 Cr.P.C., prepared the site plan Ex. Ka-41 of the place of occurrence, obtained sanction Ex. Ka-42 from the District Magistrate, Ghazipur and after completing other necessary formalities, submitted charge sheet Ex. Ka-43 against the appellant.