(1.) The appellant Ashok Ahuja (hereinafter referred as 'accused') has been convicted in Summary Case No.6/1996 by Special Judge, Jalgaon for contravening Order under Section 3, punishable under Section 7(1)(a)(ii) of the Essential Commodities Act and he has been sentenced to suffer rigorous imprisonment for a period of three months with a fine of Rs.1000/-, and in default to suffer further simple imprisonment for 20 days.
(2.) The matter relates to violation of provisions of Maharashtra Sugar Dealers' Licensing Order, 1963 ("Sugar Order of 1963" in brief), as accused was found in possession of 22 quintals of sugar, without having licence, which quantity was in excess of 10 quintals permissible for retailer dealer in sugar, who does not have a licence.
(3.) In short, the prosecution case is as under :-