MOHAMMAD IQBAL ARBI ALIAS IQBAL Vs. STATE

JUDGEMENT

(1.) THIS is an appeal from the order of conviction and sentence dated 5th of August, 1987 passed by the learned Special Judge, Koraput -Jeypore convicting the appellant under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (for short 'the Act') and sentencing him to undergo R.I. for six months and to pay a fine of Rs. 1,000/ - in default to further undergo rigorous imprisonment for two months more.

(2.) THE appellant along with three others who have been described in the judgment of the trial Court as accused Nos. 2, 3 and 4 stood trial under Section 7 of the E.C. Act. On conclusion of trial, the appellant has alone been convicted and sentenced but the other three have been acquitted of the charge.

(3.) IN order to bring home the charge, the prosecution examined four witnesses, whereas the defence has examined eight witnesses. According to the defence there was no discrepancy at all the as the rice shown as excess in stock belonged to three persons whom the accused produced as O.Ws.5, 6 and 7 during trial. Likewise, the excess stock of paddy from inside the Mill premises belonged to two persons whom the defence produced as D.Ws. 2, 3 and 4. In regard to discrepancy in the book -balance and actual stock of niger oil, the defence version is that the Mill was running while the raid was conducted in the Mill and excess stock of niger oil is the production of that mill on that day and the production was required to be entered in the register at the end of the day as the closing balance: