HAJI NASIR Vs. STATE

JUDGEMENT

(1.) Haji Nasir has filed this application in revision against the judgment and order of the learned Civil and Sessions Judge, Ghazipur, whereby he upheld in appeal the conviction and consecutive sentences of the Applicant to one year R.I. Under Sub-rule (9) of Rule 125 of the D.I.R. and one year R.I. Under Section 7 of the Essential Commodities Act.

(2.) According to the prosecution on 5-7-1964 Sri Mahabir Singh, the Deputy Regional Marketing Officer, Gorakhphr along with D.P. Srivastava, the Senior Marketing Inspector, Ghazipur went to the shop of Messrs. Bashir and brothers and found a huge quantity of food grains stocked in it and an empty truck parked in front of it. Thereupon Sarvashri Mahabir Singh and D.P. Srivastava asked the Applicant to show them the stock register. On the Applicant replying that the stock register had been taken away by the police Sri Ma-habir Singh asked the Applicant to show him the entries regarding those foodgrains in the bahi-khatas. The Applicant, however, was unable to show any entry concerning the said food-grains. Thereupon the shop was checked and 137 bags of gram, weighing 93 kilograms each, 10 bags of peas weighing 93 kilograms each and 4 bags of rice weighing 93 kilograms each were found in the shop. The Applicant was thereupon prosecuted under Sub-rule 9 of Rule 125 of the D.I.R. for contravention of Sub-clause (b) of Clause 3-B of the UP Food Grains (Control of Requisition and Distribution) Order 1963 and Under Section 7 of the Essential Commodities Act for contravention of Clause (3) of the UP Food Grains Dealers Licensing Order, 1964.

(3.) The Applicant pleaded not guilty and stated that he was falsely implicated on account of enmity with the marketing staff and the police. He denied that he had any grain shop or that any food-grains were recovered from his possession.