RAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Criminal Appeal has been filed under Section 374, Cr. P. C. against the judgment dated 22-12-1984 passed by the Special Judge (Essential Commodities act), Jaipur whereby the learned trial Court has convicted the accused-appellant under section 3/7 of the Essential Commodities act and sentenced him for 6 months R. I. and a fine of Rs. 100/ -. in default of which, to further undergo 15 days R. I.

(2.) THE brief facts of the case are that, an fir came to be lodged at Police Station, bhinai District Ajmer by the Enforcement officer on 29-1-1983. It was alleged in the report that the informant along with the Inspector had inspected the shop of M/s. Raju traders on 27-11-1982. They are said to have been Informed by the appellant that he is the salesman of the firm and Proprietor of the same is one Harish Kumar. It is further stated that during the said inspection, following Irregularities were found :-

(3.) AFTER registration of an FIR in the aforesaid report the police filed charge sheet on 9-8-1984 for contravention of clauses 3, 15 and 17 of Ralasthan Trade Articles (Licensing and Control) Order, 1980 and as such they have committed the offence under Section 3 of the Essential Commodities Act which is punishable under Section 7 of the said Act. The said charge-sheet was filed against the present appellant and one another namely, harish Kumar.