SHIV CHARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By filing instant criminal appeal under Section 374 Code of Criminal Procedure, the accused Appellants have challenged the judgment of conviction and sentence dated 31.8.1988 passed by learned Special Court, Essential Commodities Act (learned Sessions Judge, Alwar District Alwar) (for short the learned trial Court') passed in Criminal Case No. 8/1985 whereby he convicted and sentenced the accused Appellants for the offence under Section 3/7 and of the Essential Commodities Act for a period of three months Rigorous Imprisonment and a fine of Rs. 500/- and in default of payment of fine each of them shall further undergo 15 days Rigorous Imprisonment.

(2.) Background facts in a nutshell are that on 14.6.1985 PW.2 Jitendra Singh, Enforcement Officer and PW.2 Veer Singh Yadav, Enforcement Inspector in the presence of PW.1 Hari Singh inspected the premises of M/s. Gupta Diesel Service, Kathoomar. At that time, Pooran Mal Bansal, an employee of the firm, was present. PW3 Veer Singh Yadav drew report Ex.P.1 which revealed that at the premises of the firm a diesel measurement machine was installed in violation of the order dated 9.5.1984 Ex. P.4 passed by the Collector, Alwar. It was also detailed out in the report that there was same lapse in sending the monthly returns. Upon this a case under Section 7/16 of the Essential Commodities Act was registered against the accused Appellants.

(3.) After investigation challan was filed against the accused Appellants.