MUNNA LAL Vs. STATE

JUDGEMENT

(1.) The Additional Sessions Judge, Budaun, has recommended that the conviction of the applicant Munna Lal under Sec. 7 read with Sec. 3 of the essential Commodities Act, X of 1955, and the sentence of one month's rigorous imprisonment and a fine of Rs. 500.00 awarded to him thereunder and the order of forfeiture of food grains mentioned in Ex. Ka. I be set aside.

(2.) On 18th July, 1964, the Tahsildar received information that Munnalal was storing food-grains in contravention of the provisions of the U.P. Food grains Dealers Licensing Order, 1964. He along with the Supply Officer, Sri O- B. Dixit, and the Senior Marketing Inspector, Sri Tej Pal Singh, raided the god own which was supposed to be that of Munnalal and found 24 bags of peas weighing 26 quintals and odd and two bags of wheat weighing one quintal and odd stored therein. Sri Tej Pal Singh prepared a recovery memo (Ex ka. 1) and placed the entire stock in the charge of Munnalal himself under the supurdginama. Ex. Ka. 2. Munnalal's statement was recorded by him and he admitted in this statement to the following effect :

(3.) Munnalal was tried summarily under Sec. 12-A of the Essential Commodities Act (hereinafter referred to as the Act. Munnalal admitted before the Magistrate that his statement was recorded when the articles in question were recovered from his house and that he had no licence for the same, but he alleged that he is a cultivator meaning thereby that the grains were his own produce. He denied that he is dealing in food-grains and also offered to file a written statement which he did. The main allegations in this written statement are that the food-grains which were found in his godown belonged to several persons, each one of whom stocked six bags there. Munnalal also denied that he made any statement before the District Supply officer and alleged that his thumb marks were obtained on several papers meaning thereby that the documents which are Exs. Ka. 2 to Ka. 4 in this case were subsequently written on those blank papers on which his thumb marks were obtained.