VELJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Revision Petition has been filed under Section 397, Cr. P. C. against the appellate judgment and order dated 17-8-88 passed by the learned Sessions Judge, Dungarpur upholding convict-petitioner's conviction under Section 3 read with Section 7 of the Essential Commodities Act and sentencing him to undergo two years' R. I. and a fine of Rs. 2500/- and, in default of payment of fine, to further undergo six months' R. I., by the Chief Judicial Magistrate, Dungarpur.

(2.) Since petitioner's son Purushottam, who was also tried by the trial Judge but, stood acquitted of the aforesaid charges and hence his case of acquittal is not under consideration.

(3.) Briefly stated, the facts of the prosecution case, giving rise to the present petition, are that the petitioner is the resident of village Damdi, District Dungarpur. The petitioner was holding a licence (Ex. P-1), for carrying on business in oil and oil-seeds under the provisions of the Rajasthan Edible Oils and Oilseeds Dealers Licensing Order, 1977 for the period from 25-5-77 to 31-3-78 at his business premises and godown situated in the village Damdi. It was on 29-3-80 at about 3 p.m. that, under the supervision of P.W. 6 Kuber Singh Sahiwala, Enforcement Officer, P.W. 1 Pradeep Baxi. Enforcement Inspector etc. carried out physical checking of the stock as well as inspection of accounts and registers maintained at the premises in presence of Purushottam, who is son of the petitioner. The shop premises was found to be opened and functioning and Purushottam was Incharge of the management and control of the premises at the time of checking whereas the petitioner was not present at the time of checking.