MOHAN LAL AGARWALLA Vs. THE STATE

JUDGEMENT

(1.) MOHAN Lal Agarwalla, the petnr, was convicted under Section 7(i), Essential Supplies (Temporary powers) Act, 1946 for contravention of Section 3, Assam Food Grains Control Order, 1947. He was sentenced to R.I. for 1 year & also to a fine of Rs. 1,000/ -. In default of payment of fine, he was ordered to undergo R.I. for Anr. 6 months. The paddy seized from his house was confiscated.

(2.) IN appeal, the conviction was confirmed but the sentence of imprisonment was reduced to 6 months. The rest of the sentence was allowed to stand.

(3.) ACCORDING to the prosecution, Nirmal Chandra Bora, Home Guard, found about 100 maunds of paddy stored in the godown of the petnr at Jhanji Garamur. The paddy was in 82 bags. The petnr had no licence. The paddy was seized & the matter reported to the Sub -Divisional Officer, Sibasagar. The Sub -Divisional Officer gave sanction for the prosecution & the case was sent up for trial. The petnr was charged under Section 7(i), Essential Supplies (Temporary powers) Act 1946 for the violation of the provisions of Section 3, Assam Food Grains Control Order, 1947.