STATE OF U.P. Vs. SATISH CHANDRA

JUDGEMENT

(1.) These two appeals arise out of a common impugned judgement and order dated 30.03.1991 passed by the learned Special Judge, (E.C. Act), Jhansi in Special Case No. 4 of 1988, under Section 3/7 of Essential Commodities Act, P.S. Sipri Bazar, District Jhansi whereby the accused-respondent, namely, Satish Chandra has been acquitted of the charge under Section 3/4 of E.C. Act while accused appellant, namely, Munshi Ram has been convicted under Section 3/4 of E.C. Act read with Clause 3 of U.P. Pulses (Licensing and Storage Control) order, 1979 and has been sentenced to six month rigorous imprisonment along with fine of Rs. 5000/- and in default of payment of fine, he has to undergo to two months simple imprisonment. In government appeal No. 1593 of 1991, State of U.P. has challenged the acquittal of Satish Chandra, while criminal appeal no. 738 of 1991, has been preferred by Munshi Ram against his conviction and sentence.

(2.) During the pendency of the appeal, accused-appellant Munshi Ram has expired and, thus, Criminal Appeal No. 738 of 1991 stands abated and the present matter is confined only in respect of accused-appellant Satish Chandra.

(3.) It is alleged that on 25.09.1987 PW-1 Deep Chandra, Marketing Inspector along with other Marketing Officials inspected the two shops of accused-appellant Munshi Ram and found that 157 quintals, 29 kgs. 500 grams Masoor and Masoor Dal was illegally stored for black-marketing. The recovery memo Ex. Ka-1 was prepared and thereafter on the basis of the written tehrir submitted by PW-1, an FIR was registered on 25.09.19887 at 21:10 hours, under Section 3/7 of E.C. Act.