(1.) Heard Sri. Manoj Kumar Maurya, learned counsels for the appellant and Sri. B.D. Nishad, learned A.G.A. for the State and perused the record.
(2.) By way of instant Criminal Appeal challenge has been made to the appellant - Naresh - has been convicted by the judgement and order of conviction passed by Special Judge, Deoria in State v. Naresh, Criminal Case No. 76 of 1985, dated 11.4.1986 , whereby the appellant has been convicted under section 7 Essential Commodities Act and instead of being sentenced has been released on probation and he has been directed to maintain piece and good behaviour for one year and was required to furnish personal bond along with two sureties each for Rs. 2000/-.
(3.) Learned counsel for the appellant contended that the wheat in question was not recovered from the possession of the appellant. He adds that the appellant is the owner of the wheat in question, as it was the produce of his own field. There was no point to pay any levy, as appellant has neither crossed the border of state of U.P. and Bihar nor any such transportation was made, nor such fact has been specifically proved that while transporting the wheat, the appellant crossed the border of U.P. to aforesaid State of Bihar, as such no offence is made out against the appellant. Learned counsel for the appellant claims that the testimony on record overwhelmingly proves innocence of the appellant.