Criminal Appeal No. 1103 of 2000. Case: Mahesh and Ors. Vs State of M.P.. Chhattisgarh High Court

Case Number:Criminal Appeal No. 1103 of 2000
Party Name:Mahesh and Ors. Vs State of M.P.
Counsel:For Appellant: Adil Minhaj, Advocate and For Respondents: Lav Sharma, Panel Lawyer
Judges:Rajendra Chandra Singh Samant, J.
Issue:Code of Criminal Procedure, 1973 (CrPC) - Sections 173, 313; Essential Commodities Act, 1955 - Sections 11, 3, 7; Indian Penal Code 1860, (IPC) - Section 21
Judgement Date:February 22, 2017
Court:Chhattisgarh High Court
 
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Judgment:

Rajendra Chandra Singh Samant, J.

  1. This appeal has been preferred against the judgment dated 11.4.2000 passed in Special Sessions Trial No. 6 of 1998 by the Special Judge, Raipur convicting the Appellants under Section 3/7 of the Essential Commodities Act, 1955 (hereinafter referred to as 'E.C. Act, 1955') (Madhya Pradesh Scheduled Commodities Dealers (Licensing and Restriction on Hoarding) Order, 1991) and sentenced them to undergo rigorous imprisonment for four months and fine of Rs. 250/- each with default stipulation.

  2. The facts of the prosecution case in brief are that Food Inspector, Tilak Ram Deshmukh (P.W. 1) alongwith Food and Civil Supply Inspector- Ram Kishore Shukla (P.W. 4) raided and inspected the shop run by the Appellants in village Kandel under the jurisdiction of Police Station Arjuni, District Dhamtari. The shop was styled as 'Mahesh Traders'. On search of the shop, 22 bags of swarna paddy, each bag having a weight of 78 Kgs. were found stocked in the shop. One tractor trolley bearing registration No. MP23/G/9796 was found outside the shop having a load of 80 bags of paddy, each bag having a weight of 75 Kgs. Balance and measuring weights of 100 Kgs., 20 Kgs., 10 Kgs., 5 Kgs., 2 Kgs. and 1 Kg. were also found on the place of inspection. Alongwith this, 75 empty gunny bags were also found. All these articles were seized vide Exhibit P/1 by Tilak Ram Deshmukh (P.W. 1) and handed over on supurdnama to Appellant No. 2-Punit Ram vide Exhibit P/2. One inspection panchnama was separately recorded as Exhibit P/3.

  3. Statement of Appellant No. 2-Punit Ram, who was found on the spot was recorded in which he has stated that the paddy stored in the shop and loaded in the tractor trolley had been purchased and stocked for sale. Information of the proceeding was given to Collector (Food Section) vide Exhibit P/5. Vide order dated 2.2.1998 (Exhibit P/6) of the Collector, Raipur, a written complaint (Exhibit P/7) was given in Police Station Arjuni which was within the district Raipur at that time. On the basis of this written complaint, First Information Report (Exhibit P/8) was recorded and offence under Section 3/7 of the E.C. Act, 1955 was registered against Appellant No. 1. Investigation was conducted and on completion of the investigation, Appellants were charge sheeted.

  4. Substance of acquisition was read out to the Appellants by the trial Court. The Appellants denied commission of offence. The Prosecution examined as many as nine witnesses. On examination under Section 313 Cr.P.C., the Appellants...

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