SHIVNATH DHOBHI Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT has preferred this appeal challenging his conviction and order of sentence passed by Special Judge, Sidhi in special Case No. 14/89, decided on 3. 5. 1994.

(2.) APPELLANT has been convicted under Section 3/7 of Essential Commodity act, 1955 (hereinafter referred to as 'act') for storing more than 50 quintals of sugar for sale without licence in violation of Madhya Pradesh Sugar Dealers licencing Order, 1963 and sentenced to rigorous imprisonment for three months by the impugned judgment.

(3.) ACCORDING to prosecution, on 24. 8. 89 as per directions of S. D. O. Gopadbanas R. K. Mathur, Food Inspector O. P Pandey alongwith Tahsildar and Food Inspector Rajeev Dubey searched the house of the appellant situated at village Sonvarsha in presence of panch witnesses and found that 67 bags of sugar were lying there on enquiry, appellant informed that the sugar belonged to co-accused Gyanendra Singh @ Gole Singh and Gajendra Singh @ Gajju Singh, who kept it in the house of appellant in his absence for three-four days. The appellant and the other two co-accused persons had no licence for business of sugar as required by Clause 3 (1) of Madhya Pradesh Sugar Dealers Licencing Order, 1963. A Panchnama was, therefore, prepared and 67 bags of sugar found in the house of appellant were seized. The seized sugar was weighed and found to be 66. 21 quintals. Food inspector O. P. Pandey prepared inspection note and submitted it to the Collector, sidhi, who made a report in writing to the Police. On the basis of report of the collector, Sidhi, submitted through Food Inspector O. P. Pandey, an offence was registered against the appellant and the other two co-accused persons at Police station Kotwali, Sidhi under Section 3/7 of the Act and was investigated. After due investigation, appellant and the two other co-accused persons were prosecuted under Section 3/7 of the Act and were put to trial before the Special Judge, Sidhi.