BABULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The petitioner has been convicted under section 3(7) of the Essential Commodities Act, and sentenced to three months rigorous imprisonment and a fine of Rs. 2,000.00.

(3.) According to the prosecution on April 12, 1976, Smt. Usha Lal Enforcement Officer, inspected the shop of the petitioner and found that the petitioner was doing the business of selling wheat without any licence She also found that the wheat was spread outside the shop for being sold and no price list was displayed. The prosecution examined four witnesses in support of its case. The explanation of the accused was that he is not doing any business of selling wheat. He was an agriculturist and the wheat in question was brought from his field for the purpose of sending it to his in-laws. The learned Magistrate held that the petitioner was a dealer and his explanation was not found to be true. In such circumstances the learned Magistrate convicted the petitioner for offence under section 3/7 of the Essential. Commodities Act and sentenced him the six months rigorous imprisonment and a fine of Rs. 2,000.00, in default further three months rigorous imprisonment. On appeal the learned Additional Sessions Judge No. 2, Jaipur City, upheld the conviction of the petitioner but reduced the sentence to three months rigorous imprisonment, and maintained the fine. Hence this revision.