MAHENDRA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT Mahendra Singh has been convicted under section 7 of the Essential Commodities Act, 1955 for contravention of Clause 13(1) (b) (vi) of the Fertilizer (Control) Order, 1957 by keeping in stock and selling to cultivators a substance as a fertilizer which substance was not in fact a fertilizer.

(2.) THE appellant was also charged for dealing in fertilizer without a valid licence and for stocking 63 bags of fertilizer for sale which was adulterated. But, he was acquitted of these charges by the trial Court. 63 bags of fertilizer seized from the appellant on 3.11.1985 as per seizure memo Ex. P -2 by Shiv Kumar (PW 1) who was senior Agriculture Development Officer, have been found to be containing phosphate of 0.40%. Therefore, as per report Ex. P -6 of the Chemical Examiner it was found that these bags did not contain fertilizer. The case of the accused before the trial Court was that he purchased 70 bags of lime from Katni as per cash memo Ex. D -1 and the bags which were seized from him in fact contained lime. That defence was accepted by the trial Court. The appellant was acquitted of the three charges framed against him and there is no appeal by the State against the acquittal of the appellant on those charges.

(3.) THIS appeal is allowed. The conviction and sentence of the appellant are set aside. He is acquitted of the charge for which he was found guilty by the trial Court.