TARA CHAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal under Section 374 (2) of the code of Criminal Procedure has been filed by the appellant being aggrieved by the impugned judgment, finding and sentence dated 7/7/1999 passed by the Sessions Judge, bhopal in Special Case No. 9/1996, whereby the appellant has been convicted under Sections 3/7 of the Essential commodities Act, 1955 (hereinafter referred to as "the Act, 1955") and sentenced to S. I. for three months with fine of rs. 1,000/-, in default of payment of fine, additional S. I. for seven days.

(2.) THE prosecution case in short is that on 4/1/1992 mahendra Singh Raghuvanshi (PW-3) and G. H. Choubey, Food inspectors, Bhopal inspected M/s Tarachand Hazarilal Flour mill situated at Bairagarh. At that time Tarachand was there and the Mill was being operated by his brother Lalchand. There were two firms in the name and style of Tarachand hazarilal and Lalchand Hazarilal. These firms deal in food grains. Tarachand Hazarilal purchased 100 quintals wheat, whereas Lalchand Hazarilal purchased 200 quintals wheat from Food Corporation of India (for short "fci"), Bhopal. On the basis of information received from the office of FCI, Food inspectors inspected these firms. They prepared Panchanama ex. P-7. The appellant did not produce any stock register. On asking he stated that there is no food grains license in the name of M/s Tarachand Hazarilal. Food Inspector Mahendra singh Raghuvanshi reported the matter to the Collector, bhopal vide Ex. P-8, where Case No. 17/b-121/92-93 was registered in the Court of Collector, Bhopal. After due enquiry, it was found that the appellant has contravened the provisions of Sections 2 (3) (3) of MP Scheduled Commodities Dealers (Licensing and Restriction on Hoarding) Order, 1991 and thus committed offence under Sections 3/7 of the Act, 1955. Thereafter a letter along with the order of the Collector dated 12/12/1995 was sent for registering the case against M/s tarachand Hazarilal.

(3.) ON the basis of it F. I. R. was registered on 15/2/1996 at Police Station Bairagarh against the appellant where Crime No. 49/1996 under Sections 3/7 of the Act was registered and the matter was investigated. The statements of witnesses were recorded. After completing the investigation, the charge sheet was filed against the appellant in the Special court, Bhopal for trial.