RIZMAN ALI Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision has been filed under Section 397 read with Section 401 of Cr.P.C. being aggrieved by conviction under Section 3 read with Section 7 of the Essential Commodities Act and sentenced to undergo S.I. for 6 months along with fine of Rs.1,000/- in default of payment of fine, additional S.I. for 1 month passed by the Court of JMFC, Tikamgarh in Criminal Case No.3226/2011 vide judgment dated 25.10.2017. The applicant being aggrieved by this conviction and sentence assailed an appeal before 5th Additional Sessions Judge, Tikamgarh registered as Criminal Appeal No.240/2017 and disposed of vide order dated 27.05.2019 dismissed the appeal and confirmed the conviction and sentence passed by the trial Court.

(2.) The case of the prosecution against the applicant, in short, is that on 10.12.2011 at about 1:05 pm applicant was driving a truck bearing registration No.MP09-HF-0929 carrying 25 tons I.P.L. urea in 500 bags. A.S.I. W.A. Khan (PW-3) posted at Police Chowki-Deri of Police Station Kudila stopped the truck and asked for papers pertaining to the fertilizers. The applicant had shown only truck bilty (Ex. P-9), which was photo copy of the bilty signed by transport contractor proprietor Sushil Kumar Agrawal. In this bilty, fertilizer received from Harpalpur and was to be delivered at Vipanan Sangh Godown, Baldeogarh.

(3.) The applicant instead of delivering the fertilizer at Vipanan Sangh Godown, Baldeogarh he was taking the fertilizer at Kotra. W.A. Khan (ASI) found that this fertilizer was illegally transporting by the applicant in contravention of Rule 4 of the Fertilizer (Movement Control) Order, 1973 issued under Section 3 of the Essential Commodities Act, 1955. He immediately, informed this matter to concerned department. M.S. Yadav posted as Senior A.D.O. in Agriculture Department after receiving the information went to the Police Station and inquired into this matter and submitted a written application (Ex.P-1). After investigation, charge sheet has been filed against the applicant for the offence punishable under Section 3/7 of the Essential Commodities Act for violation of Rule 4 of the Fertilizer (Movement Control) Order, 1973.