TEEPA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS Criminal Revision under Section 397 of the Code of Criminal Procedure, 1973 is directed against the impugned judgment dated 13 -04 -2009 passed by learned Additional Sessions Judge, Shivpuri in Criminal Appeal No. 04/2009 affirming the judgment of conviction and sentence dated 08 -12 -2008 passed by learned Judicial Magistrate First Class, Shivpuri in Criminal Case No. 1020/2008 whereby the petitioner has been convicted under Section 3/7 of Essential Commodities Act and sentenced to undergo 1 year's RI with fine of Rs. 2,000/ - with default stipulation.

(2.) BRIEF facts in narrow compass are that on 14 -09 -2005 at about 7:40 pm, Station House Officer Police Station Dehat Shivpuri received an information that in the house of Ramesh Sharma there is illegal collection and sale of blue kerosene. On receiving this information, Station House Officer Police Station Dehat Shivpuri along with other police officials conducted a raid and since at the suspected shop lock was there, therefore, after preparing a Panchnama lock of the shop was broken in which eight drums containing blue kerosene have been found present. The aforesaid shop was stated to be of petitioner. At the time of conducting of raid, petitioner was not present on the spot. Thereafter, crime No. 262/2005 was registered at Police Station Dehat Shivpuri for the offence punishable under Section 3/7 of Essential Commodities Act. After investigation, charge -sheet was filed. On trial, learned Judicial Magistrate First Class, Shivpuri passed the order of conviction and sentence which was further confirmed by the appellate Court.

(3.) IN order to appreciate the submission of the learned counsel for the parties, it would be appropriate to refer the provisions of Essential Commodities Act, which provides as under