JAGARNATH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned AGA for the State.

(2.) This criminal appeal has been filed against the judgment and order dated 10.11.1993 passed by Special Judge, Varanasi in Criminal Case No. 52 of 1986 (State Vs. Jagarnath), Crime No. 356 / 1982, Police Station - Sigra, Varanasi convicting the appellant under Section 3/7 of Essential Commodities Act and sentencing him to undergo two years rigorous imprisonment and a fine of Rs. 2000/- and in default of payment of fine, further six months rigorous imprisonment.

(3.) In brief, the prosecution case is that on 17.10.1982 at about 9:15 p.m., Station House Officer, Sigra received an information that one Jagarnath has stored kerosene oil in his house in illegal manner, in order to sell it, in black market. The SHO, Sigra along with other police officials and public witnesses - Sahablal and Paras reached at the house of Jagarnath and on search found 200 litres of kerosene oil kept in a drum in the corner of the outer room of the house. The accused could not show any licence. The Raiding Party took the drum of kerosene oil in its possession, prepared the recovery memo at the spot and lodged a First Information Report at police station - Sigra on the same day at about 10:30 p.m. Investigation commenced and after completion of investigation, charge sheet was submitted. Statement of the accused was recorded and particulars of the offence stated to him. The accused pleaded not guilty and claimed for trial. The prosecution produced four witnesses. Statement of accused under Section 313 Cr.P.C. was recorded in which accused denied the prosecution case and further stated that his brother - Sita Ram is inimical to him, who falsely got him implicated in this case in connivance with the local police. Learned trial court after hearing the arguments by the impugned judgment held accused guilty and sentenced him.