BABULAL Vs. STATE OF M P.

JUDGEMENT

(1.) This revision petition is directed against the revisional order passed on 7 -9 -83 by the Sessions Judge Shajapur in Criminal Appeal No. 39 of 1983 whereby the petitioner's conviction and sentence by the Judicial Magistrate First Class (C.J.M.) Shajapur in Criminal Case No. 788 of 1982 have been confirmed.

(2.) THE facts giving rise to the petition are these. The petitioner is a shopkeeper in village Panwadi, District Shajapur and is not a dealer within the meaning of Clause 2 (a) of the M. P. Motor Spirit and High Speed Diesel oil (Licencing Control) order 1980 (for short 'the order').

(3.) IN due course, the petitioner was prosecuted and was convicted by the learned Magistrate under section 3/7 of the Essential Commodities Act 1955 (for short 'the Act') and was sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 500/ - and in default to undergo further rigorous imprisonment for three months.