ILLHIBUX Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This appeal has been filed by the appellant against the judgment and order dated 1.11.1989 passed by Special Judge, Special Court (Essential Commodities Act), Jaipur in Criminal Case No. 2/1988, whereby he convicted and sentenced the accused appellant as under:

(2.) Brief facts of the case are that appellant was allowed to sell sugar by the Department of Food and Civil Supplies at the controlled rate for Ward No. 3 and 4, Naraina, and a license bearing No. 121 of 1983 to this effect was issued by the Deputy Collector, Sambhar. On 10.9.1986 Shri Arun Kumar Sharma, Enforcement Officer, Sambhar filed a written report at police Station, Phulera, wherein the allegation was made that accused appellant had received 80 quintals and 9 quintals of sugar (levy) for distribution to the consumers of that area, but he committed a lot of illegalities and serious irregularities in the distribution of aforesaid amount of sugar allotted to him.

(3.) On the receipt of the aforesaid report, a criminal case bearing No. 81/86 for offence under Sec. 3/7 of E.C. Act was registered and after investigation, a charge sheet was submitted against the accused appellant for the offence under Sec. 3/7 and 3/9 of E.C. Act. The appellant was put to trial and prosecution examined as many as 15 witnesses in support of the case and 6 articles including Registers, Ration Cards etc. and 35 Exhibits were also exhibited in support of the prosecution case. After conclusion of trial, the accused appellant was found guilty for the offences under Sec. 3/7 and Sec. 3/9 of E.C. Act and by the judgment and order dated 1.11.1989 passed by the trial court, he was convicted and sentenced as indicated above.