ABDUL SATTAR Vs. STATE

JUDGEMENT

(1.) THIS revision arises out of the judgment and order dated 3rd August, 1977 passed by the Sessions Judge, Nainital, dismissing the appeal that was filed by the present applicant against his conviction and sentence under Section 3 read with Section 7 of the Essential Commodities Act.

(2.) ON 20th of February, 1975, at about 10-30 p.m. a truck bearing No. U. P. S. 6245 carrying 55 bags of Basmati rice was intercepted in village Nakatpura. The applicant, along with three other persons, namely Mohammad Ali, Ahmad Noor and Sarfaraz was sitting in the truck. Neither of them had any licence or permit for the possession of the rice as required by clause 3 of the U. P. Foodgrains Dealers Licensing Order, 1964 (hereinafter referred to as the Order). The applicants and his companions were accordingly sent up for their prosecution under Section 3 read with Section 7 of the Essential Commodities Act.

(3.) THE limited question for consideration in the present revision is whether on the prosecution case, as it stood, the applicant could be held guilty of the contravention of clause 3 of the Order punishable under Section 3 read with Section 7 of the Essential Commodities Act. Clause 3 of the Order reads as under :-