NARAYANDAS MADANLAL SOMANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE accused appellant is convicted for the offence punishable under section 7 read with section 3 of the Essential Commodities Act in E. C. Act Case No. 24 of 1987 by the Special Judge, Latur. Being aggrieved by the conviction and sentence, the present appeal is filed.

(2.) THE prosecution case is that P. S. I. Pujari of Shivaji Nagar Police Station, Latur, received information that bags of wheat, which were to be sold from the fair price shop, were stored in the adat shop of the accused Narayandas Somani. He, therefore, went to that shop along with the police and the panchas. Five bags of wheat were found in the shop and those bags, there was the stamp of Food Corporation of India. A panchanama was prepared and the five bags of wheat were seized. The five bags of wheat with the permission of the Collector were then kept in the Government godown. He then filed F. I. R. at the Police Station. Crime No. 4 of 1987 was registered and after completion of investigation, he submitted the charge-sheet before the Special Judge, Latur.

(3.) THE Special Judge, Latur, framed charge against the two accused for offence punishable under section 7 read with section 3 of the Essential Commodities Act, read with Clause Nos. 4 and 6 of the Maharashtra Foodgrains Rationing (Second) Order, 1966, and also of Maharashtra Scheduled Regulation of Distribution Order, 1971. Both the accused pleaded not guilty.