MATHURA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been preferred against the judgment and order of the learned Special Judge. Ghazipur, dated 19/12/1983 passed in Criminal Appeal No. 240 of 1983 dismissing the appeal preferred by the accused-appellant against the conviction and sentence passed by the learned Special Judicial Magistrate, Ghazipur, dated 3/9/1983 in Criminal Case No. 742 of 1981, under Section 3/7 of the Essential Commodities Act and sentenced him to suffer R.I. for one year and to pay fine of Rs. 1,000.00

(2.) Sri R.C. Yadav appearing for the revisionist has submitted that the Block Development Officer has got no power to prosecute the case under the provisions of Essential Commodities Act. Sri Jitendra Singh, A.G.A. appearing for the State has referred notification dated 24/8/1973 published in D.P. Gazette. Extra ordinary on 26/8/1973 where from it appears that in exercise of the powers under Section 19 of the Fertilizer (Control) Order, 1957 the Governor was pleased to appoint all Block Development Officers amongst others to act as Inspector of Fertilizer for the purpose of the said order and they shall exercise all powers of Inspectors. In view of the said notification the Block Development Officer has been authorised to inspect and prosecute under the said order for which an offence under Section 3/7 of the Essential Commodities Act was committed.

(3.) Learned counsel has then submitted that Since the-revision is pending for more than 12 years and since the accused-applicant undergone sentence for about a month some leniency with regard to the imposition of sentence be extended to the applicant.