AMRIT LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal challenges appellant's conviction and sentence awarded of one year R.I. and fine Rs. 200/- for the offence punishable under Section 7 of Essential Commodities Act recorded in Special Case No. 8/1986 recorded vide judgment dated 14.12.1988. The appellant is held guilty of storing cement in violation of Rajasthan Cement Licence and Control Order, 1974 under Section 3 of the Act.

(2.) Surfacing alleged factual aspect appears to be that Dy. S.P. PW-4 on 20.2.1984, having received some secret information raided shop of appellant and there is presence of PW-1, PW-2 found 321 bags, each 50 kg. of cement having mark of ISI Birla Cement 'Levy'. Appellant disclosed of having no licence so the cement being stored in violation of Control order was seized preparing memo Ex.P-1. Appellant was arrested and on his information Ex.P-5, PW-4 recovering 218 bags of cement from his residential house seized preparing memo Ex.P-3. Samples collected from bags vide Ex.P-6 on 6.10.1984 was forwarded for chemical examination which per laboratory report Ex.P-7 found of ordinary Portland cement. After usual investigation, charge-sheet submitted.

(3.) Prosecution in addition to Dy. S.P. PW-4 and motbirs PW-1 and PW-2 also examined accompanying Head Constable PW-5 who state of accompanying PW-4 and above recovery. In order to prove possession of appellant examined is Mamraj PW-10 who per prosecution was owner landlord of the shop. Dhanraj PW-3 deposes of having rented out room to appellant from where 218 bags recovered. PW-8 and PW-9 speak of sample scaling.