SOHANLAL SHARMA AND ANR. Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an application under Sections 397, 401 and 482 of Cr.P.C. read with Article 227 of the Constitution of India to invoke Criminal Revisional jurisdiction of this Court against the judgment and order dated 30.10.1998 passed by the learned Sessions Judge, Kamrup, in Special Case No. 2/1996 under Section 7 of the Essential Commodities Act, 1955 and convicting the petitioners to suffer S.I. for 3 months and also to pay fine Rs. 1,000 each with a default sentence.

(2.) HEARD learned counsel appearing for the revision petitioners. None appears for the respondent.

(3.) THE main contention of the revision petitioners are that here was no proper appreciation of evidence and that seizure of two cylinders were not according to the provision of law. That there was no proof that the seized cylinders were domestic cylinders and accordingly the finding of the trial court was not correct. It was further submitted that the independent witnesses were not procured as per mandatory provision of law under Section 100 Cr.P.C (sic). It was submitted that fact given by the prosecution story that the search, seizure and Jimma all were given at 10.00 A.M. is neither practicable nor natural which smack a case of concoction.