MANIRAM Vs. STATE OF M.P.

JUDGEMENT

(1.) APPLICANT -accused Maniram, son of Abhayram Kashyap resident of Jarhagaon, Police Station Mungeli, District Bilaspur, has been convicted and sentenced to S.I. for three months and a fine of Rs. 1,000/ -, and in default, to undergo further S.I. for 15 days, for having committed an offence under clause 6(4) of the M.P.Khadya Padarth Nagrik Purti Vitran Scheme,1981, punishable under section 3, read with section 7 of the Essential Commodities Act, by special Judge, Bilaspur, in Special Criminal Case No.10/85, and against the aforesaid conviction and sentence, the applicant Maniram has come up in this revision -petition.

(2.) ACCORDING to the prosecution, the applicant was a Samiti Sewak in Jarhagaon Sahkari Samiti. In the year 1985, the Jarhagaon Sahkari Samiti, had received 15 quintals of sugar and 20 quintals of rice from Takhatpur Sahkari Samiti and the same was to be distributed in village Jarhagaon and Chitwakapa. According to the prosecution, on 27.7.1985, three bags of sugar belonging to Jarhagaon Sahakari Samiti, were seized by the police which were being carried in Truck No.S085 driven by Rajendra Prasad. After investigation, a charge -sheet had been put up against the applicant Maniram and also against the said Rajendra Prasad. Accused Rajendra Prasad had been acquitted by the trial Court, but the present applicant Maniram was found guilty and he was convicted and sentenced by the trial Court under section 3, read with section 7 of the Essential Commodities Act.

(3.) ON behalf of the non -applicant/State of M.P., it was submitted that the learned Special Judge had committed no illegality in finding the applicant guilty, counsel for the non -applicant -State of M.P.has cited AIR 1981 S C 2001 (M.P.Ration Vikreta Sangh Society v. State of M.P.).