V K JAIN Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal appeal has been preferred by the accused appellant Vinod Kumar Jain against the judgement and order dated 22.2.1990 passed by Special Judge, Meerut in E.C. No. 10 of 1985 (State Versus Vinod Kumar) under Section 3 read with section 7 of The Essential Commodities Act (here-in-after referred to as the 'Act'), Police Station Baghpat, District Meerut convicting and sentencing the appellant for the offence punishable under Section 3 read with section 7 of the Act to undergo one year rigorous imprisonment and a fine of Rs. 5000/-. In default of payment of fine, the appellant was further directed to undergo additional rigorous imprisonment of one year.

(2.) Facts giving rise to the present appeal may be summarized as under.

(3.) That on 2.5.1983, complainant J.P.S. Saxena, Marketing Inspector, Baghpat gave a written report (Ext. Ka-2) at P.S. Baghpat, which was also signed by Hari Ram Singh, Marketing Inspector, stating therein that the complainant along with Hari Ram Singh received an information through informer that accused appellant Vinod Kumar Jain, the fair price shop owner, was indulged in illegal trade of sugar. After receiving information, they along with constables reached at the fair price shop of accused appellant for checking / inspection. At that time accused appellant was found present at the shop. The inspecting team checked the stock and sale registers of sugar of the said fair price shop and found 19 quintals 22 kilograms and 250 grams of sugar stock on 2.5.1983 and on the same day 12 quintals 21 kilograms of sugar was shown to have been sold to ration card holders. According to this quantity, the remaining balance should have been 7 quintals 1 kilogram and 250 grams, but while checking, 9 bags of sugar were found and in this way, excess of 1 quintal 98 kilograms and 750 grams of sugar was detected in the stock of the said shop. All the 9 bags were taken taken into possession and given in the custody of one Atar Singh resident of Baghpat town and thereafter recovery and custody memo (Ext. Ka-1) was prepared on the spot and the same was handed over at the police station. Thus, it was found that wrong entries were made and discrepancies were found in the registers and sugar was found in excess. Report was lodged at the police station concerned against the accused-appellant for contravention of the Essential Commodities Act. On the basis of recovery memo (Ext. Ka-1), case was registered against the accused-appellant and investigation was made. Investigating officer inspected the shop, prepared the site plan (Ext. ka-4), obtained sanction (Ext. Ka-5) and submitted charge-sheet (Ext. Ka-6) against the accused-appellant. He also inspected sale and stock registers and prepared memo (Ext. Ka-8). F.I.R. (Ext. Ka-9) was prepared and G.D. Entry (Ext. Ka-10) was made.