S.K.AGARWAL, J. - (1.) LIST has been revised. None is present to press this appeal nor any body made any mention. In the result, I propose to conclude the hearing of this appeal with the assistance of learned A.G.A.
(2.) I have gone through the judgment of the learned Special Judge Unnao, Sri P. S. Malhotra who vide his judgment and order dated 17.3.1986 had convicted the appellant under Section 7 of the Essential Commodities Act and awarded him a sentence of 3 months R. I. Aggrieved by the above said order and judgment, the present appeal was instituted by the appellant. Brief facts of the case are that on 13.10.1982, Marketing Inspector Sri Sri Pal had visited the rice huller of the appellant. From the inspection, it was found that the appellant has no license for carrying on the rice hulling operations. It was also found that about 22.5 Qs. of rice was lying in the mill out of it about 1.40 Q. of rice was found in a broken condition and rest of the rice was in bags. 5 bags of wheat apart from it was also found there. Each bag contained 1 Q. The recovery memo, Ext. Ka -1 was prepared regarding the above said food grains. A report was lodged by Marketing Inspector at P.S. Achalganj. After conclusion of the Investigation, a charge -sheet was submitted.
(3.) THE prosecution in support of its case examined 3 witnesses. Out of them Sri Sri Pal, P.W. 1, is Marketing Inspector. rest of the witnesses are formal in nature. P.W. 2, Head Constable, had prepared Ex. Ka -2, the F. I. R. General Diary entry is Ex. Ka -3. S. I. Shyam Sundar Tripathi, P.W. 3, conducted the investigation and submitted a charge -sheet against the appellant. It is further brought on record that the original F.I.R. was reported to be lost so Ex. Ka -2 which is a carbon copy of that F.I.R., therefore, was brought on record by the prosecution. Since the defence has not challenged this carbon copy of the F.I.R., therefore, this question is not to be gone into by this Court.;