BAL KISHAN Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been preferred under Section 12-AB of Essential Commodities Act, 1955 being aggrieved by that part of judgment dated 10-09-1993 passed by Special (Sessions) Judge, Tikamgarh, in Special Case No.6/90 whereby the sale proceeds of the seized rice were directed to be confiscated to the State.

(2.) The prosecution case, in brief, is that on 15.12.1990, Veer Singh, T.I. (PW-6) of P.S. Kotwali, Tikamgarh, saw the truck No. CPV-917 standing in front of the Range Office, Tikamgarh. There were 23 gunny bags of rice were kept in it, which were seized from Abdul Shamim-driver of truck vide Ex.P-1. At the same time, 40 quintals rice were seized from Laxmi Narayan vide Ex.P-2 and P-3. Five quintals of rice from Hanif alias Pappu vide Ex.P-4 and 43.5 quintals of rice from Bal Kishan Sahu vide Ex.P-5 were seized. The accused persons were arrested vide Ex.P-9. FIR Ex.P-7 was registered at P.S. Tikamgarh under Section 3/7 of Essential Commodities Act, 1955 and Section 34 IPC. Accused Balkishan, Hanif alias Pappu and Laxmi Sahu were prosecuted for storing more than 4 quintals rice and contravention of the order issued under M.P. Food Grains Licensing Order, 1958. The driver and Cleaner were prosecuted for abetting these offences.

(3.) The accused persons were charged under Section 3/7 of Essential Commodities Act, 1955. They abjured the guilt and claimed to be tried.