ACHCHHE LAL Vs. STATE

JUDGEMENT

(1.) Heard Sri Manoj Kumar Maurya, learned counsel for the appellant, Sri B.D. Nishad, Sri Sushil Kumar, learned AGAs for the State and perused the record.

(2.) By way of instant appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 11.04.1986 passed by the Special Judge, Deoria, in Criminal Case No.72 of 1986, State Vs. Achchhe Lal, whereby the accused-appellant has been convicted under Section 7 of the Essential Commodities Act but instead of being sentenced, he was released on probation on condition that he will keep peace and be of good behaviour for a period of one year on furnishing a personal bond for Rs.20,000/- with two sureties each in the like amount.?

(3.) Learned counsel for the appellant contended that the wheat in question was not recovered from the possession of the appellant. He adds that the appellant is the owner of the wheat in question. There was no point to pay levy, as appellant has neither crossed the border of the States of U.P. and Bihar nor such fact has been specifically proved that while transporting the wheat, the appellant crossed the border between aforesaid States, as such no offence is made out against the appellant. Learned counsel for the appellant claims that the testimony on record proves innocence of the appellant.