RADHEY SHYAM Vs. STATE OF RAJ

JUDGEMENT

(1.) THE present revision petition has been preferred against the impugned judgment dated 25.06.1996 passed by the learned Special Judge, Essential Commodities Act Cases, Pratapgarh, Camp Chittorgarh in Special Sessions Case No.4/1993 whereby the petitioneraccused was convicted for the offence under Section 3/7 of the Essential Commodities Act and was sentenced to undergo three months' rigorous imprisonment with fine of Rs.100/ -, in default of payment whereof to further undergo 7 days' simple imprisonment.

(2.) THE brief facts of the case are that on 26.09.1992, at about 5.30 p.m., Tehsildar, Chittorgarh conducted search in the house of Shyamlal situated at the village Bassi in his presence and found 229 bags of agricultural produce out of which 50 bags were of Gram Pulse, 20 bags of Lentil Pulse, 15 bags of Wheat and 26 bags of Barley, total 106 bags in Room No.1. In Room No.2, 44 bags of Gram Pulse, 48 bags of Lentil Pulse, 2 big bags and 1 small bag of Mustard and in another situated near pole, 11 bags of Barley, 7 bags of Fenugreek and out of room 4 big bags and 1 small bag were found. As per the statement of Shyamlal, he retained 85 bags from his own agricultural produce for sale and purchase for which he was not having any account. 144 bags were purchased from the nearby villages for which he did not pay any Mandi Tax.

(3.) ON the basis of this, an FIR was registered for the offence under Section 3/7 of the Essential Commodities Act (hereinafter referred to as 'the Act') against the petitioner -accused. After due investigation, charge -sheet was filed under Section 3/7 of the Act by the SHO, PS Vijaypur on 26.05.1993.