JAI PRAKASH Vs. STATE

JUDGEMENT

(1.) THIS revision arises out of the judgment and order dated 11-4-1978 passed by Vth Additional Sessions Judge, Naini Tal dismissing the appeal that was filed by the present applicant against his conviction and sentence under Section 7 of the Essential Commodities Act.

(2.) THE prosecution case was that on 29th March, 1974 Senior Marketing Inspector arrested the applicant while he was transporting ten bags of broken rice in a cart driven by one Babu Khan. THE trial court, accepting the prosecution case, convicted the applicant and sentenced him to six months' R. I, and to a fine of Rs. 500/-. THE appeal filed against that conviction and sentence by the applicant resulted in dismissal and hence this revision.

(3.) THIS revision is, accordingly, allowed. The conviction and sentence recorded against the applicant by the trial court are set aside. The applicant is on bail. He need not surrender. The bonds furnished by him shall stand discharged. Fine, if paid, shall be refunded. Revision allowed.