JES RAJ KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment and order dated 21.10.1994 as passed by the Sessions Judge, Churu in Criminal Appeal No. 29/1993 whereby the learned Appellate Judge dismissed the appeal filed by the accused-petitioner and affirmed the judgment and order dated 12.1.1993 as passed by the Chief Judicial Magistrate, Churu in Criminal Case No. 386/1982 convicting the accused-petitioner for the offence under Sec. 3/7 Essential Commodities Act, 1955 and sentencing him to six months simple imprisonment with a fine of Rs. 500.00, and in default of payment of fine, to further simple imprisonment for one month.

(2.) The accusations against the petitioner had been that he was engaged in the work of distribution of the control items; that upon inspection of the record maintained by him on 21.4.1982, it was found that on 29.7.1981, he obtained permit No. 20464 and took delivery of 45 quintals of wheat from Sardarshahar Kray Vikray Sahakari Samiti Limited but in the Stock register, entered the quantity received as 40 quintals only and had shown distribution of 39.96 quintals; that on 5.10.1981, he obtained permit No. 20499 and procured 50 quintals of wheat from Taranagar Kray Viray Sahakari Samiti Limited but did not enter the same in the stock register; and that in the statement produced in Tehsil Taranagar on 2.3.1982, he did not specify the receipt and delivery of such 55 quintals of wheat. The omission on the part of the petitioner was alleged to be of contravention of Clause 17 (C) of his authorisation and violation of Sections 3/7 and 3/9 of the Essential Commodities Act, 1955.

(3.) After trial, the learned trial Court found the petitioner guilty of offence under Sec. 3/7 of the Essential Commodities Act; the prayer as made by the petitioner for extending the benefit of probation was declined; and he was sentenced as aforesaid. The learned Appellate Court affirmed the findings of the learned trial Court and found no case for leniency.