(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 21.12.2000 passed by the court of Special Judge, Raigarh (C.G.) in Special Case No. 05/1997, wherein the said court convicted the appellant for commission of offence under Section 3 read with Section 7(1)(a)(i) of the Essential Commodities Act, 1955 (for short "the Act, 1955) and sentenced to undergo R.I. for 2 years and fine of Rs. 5000/- with further default stipulations.
(2.) As per version of the prosecution, on the 13.04.1997, the appellant's Grossery Shop and Godown was searched and it was found by the Food Inspector in presence of SubDivisional Officer (Revenue) that the appellant is in possession of 3240 Ltr. of Kerosene Oil and he failed to produce documents/ bills/ invoice of the said Kerosene Oil. The matter was reported, the appellant was charge-sheeted and after completion of trial, the trial court convicted as mentioned above.
(3.) Learned counsel for the appellant submits as under:-