(1.) This judgment also governs the disposal of connected Criminal Appeal No. 563 of 1992, Abdul Jabbar v. State.
(2.) Both the aforesaid appeals have been filed by the appellants challenging the judgment and finding dated 26th November, 1992 passed by Special Judge (R.V. Durve) West Nimar, Mandlewshwer in Special Criminal Case No. 7/ 83 thereby convicting and sentencing the appellants for commission of breach of provisions of Clause 3 of Madhya Pradesh Food Grain Dealers Licensing Order, 1965 (for short, 'the order') and Clause 3 of the Madhya Pradesh Wheat Procurement (Levy) Order, 1981 punishable under Sections 3/7 of the Essential Commodities Control Act, 1955 (for short, 'the Act').
(3.) For disposal of these appeals in brief, the prosecution case was that on 21.4.1983, appellant Abdul Jabbar and absconded accused Rafique were intercepted on Sales Tax Barrier, Sendhwa carrying 150 bags of wheat in a truck bearing registration No. CPO 7226, Truck Driver Abdul Jabbar was not having any documents showing that the levy was already paid on the said wheat, because of which Sales Tax Officer, Chouky, Sendhwa had intimated the Station House Officer, Sendhwa. On information, Station House Officer reached the spot (Sales Tax Barrier, Sendhwa) and brought the aforesaid truck at police station, and effected the seizure of truck, wheat, 2 bilties, letters as well as documents pertaining to truck. After investigation, charge-sheet was filed for the aforesaid offences, against three accused persons. Out of which Rafique was absconding during trial.