SUNDER LAL JAISWAL Vs. STATE

JUDGEMENT

(1.) SUNDER Lal Jaiswal, appellant, has been convicted under Section 3/7 of the Essential Commodities Act and sentenced to undergo rigorious imprisonment for a period of three months with a fine of Rs. 500 and in the default thereof to undergo imprisonment for a further period of one month. But instead of requiring him to serve out sentence atonce the learned Special Judge has released him on probation of good conduct for a period of one year and further directed that the confiscated goods shall be for­feited to the State.

(2.) ACCORDING to the prosecution Sri Rajendra Singh (P. W. 1), the Marketing Inspector, raided the premises belonging to the appellant on 19th July, 1983 at about 7 p. m. and found him using the premises for the pur­chase and sale of oilseeds and oilseed products in the name and style of M/s Gayatri Oil Mills, without a licence and thereby contravened clause 4 of the U. P. Oilseeds and Oilseed Products Control Order, 1966. The Inspector seized the articles and gave them in the supurdagi of Raj Kumar after pre­paring a memo (Ex. Ka. 2), He thereafter submitted the report (Ex. Ka. 5) at the Police Station, Qaiserbagh. Sri Ram Saran Partap (P. W. 2) Sub-Inspector, Qaiserbagh Police Station investigated the case and submitted a charge-sheet against the accused on 15-11-1983.

(3.) IT has been urged by the learned counsel for the appellant that goods have simply been seized and they have neither been confiscated by the District Magistrate under Section 6 of the Essential Commodities Act nor have they been confiscated by the court below and that the court below has directed the goods to be forfeited to the State under misconception of fact that the goods have been confiscated. If that be so, the goods shall be returned to the appellant.