MUKESH JAIN Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT , Mukesh Jain, the sole accused person in this case, has been convicted under section 3/7 of the Essential Commodities Act and sentenced to three months rigorous imprisonemnt and a fine of Rs. 500/- or, in default of payment of fine 15 days imprisonment.

(2.) ACCORDING to the prosecution case, appellant being a Kirana merchant had his shop at Itarsi. On 1.7.1986 Nayab Tahsildar and Sub-Divisional Officer, Itarsi, conducted a search of his shop-cum-godown. Appellant was found to have stored for sale 68 bags of sugar. The appellant had purchased these bags of sugar from Aachaldas (PW 2) vide cash memos Exs. P. 2, P. 3 and P. 4. All these bags were seized vide Ex. P 1. As the appellant did not possess a licence under the Madhya Pradesh Sugar Dealers Licensing Order, 1963 (hereinafter referred to as "the 1963 Order"), he was charge sheeted on the allegation that the possession of sugar without licence beyond the permissible limit of 10 quintals constituted an offence punishable under section 3/7 of the Essential Commodities Act. A sample of the sugar seized was sent for chemical analysis. The report-dated 21.1.1988 of the public analyst reveals that the sample was of sulphur sugar having 96.5% sucrose.

(3.) THE trial Court held that even Khandsari sugar fell within the meaning of "sugar" as defined under clause 2 (e) of the 1963 Order, and therefore, found the appellant guilty for an offence under section 3/7 of the Essential Commodities Act.