- (1.) This Criminal Appeal is preferred against the judgement of the Special Judge, Mathura dated 14.11.1986 passed in Criminal Case No. 1/IX/1986 (State Vs. Sher Khan) under section 3/7 E.C. Act, P.S. Refinery, District Mathura sentencing the appellant under section 3/7 Essential Commodities Act for two years' rigorous imprisonment.
(2.) The brief facts which give rise to this appeal are that:- The accused Sher Khan was challaned by police of P.S. Refinery, District Mathura under section 3/7 Essential Commodities Act. As per prosecution version, on 15.06.1983 at about 2.30 p.m. when Sub-Inspector Ashok Kumar Sharma along with Constable Radhey Shyam and Rampal Singh were busy in regular patrolling duty and reached at National Highway, they received information that some person is selling diesel and black oil at Gopalpura. Sri Ashok Kumar (S.I.) tried to procure public witness but no public witness was available at that time and when S.I. Ashok Kumar reached at the place of occurrence, he saw that one person sitting under a neem tree is selling oil taking it out through a plastic pipe from a drum to another person. They immediately surrounded that person and arrested on the spot and from his possession, he recovered a drum with thirty litres diesel, another drum with forty litres L.D.O. and one another drum with 120 litres black oil and other appliances. When demanded, appellant failed to show any license to sell petroleum products. He was arrested on the spot and recovery memo was prepared and the petroleum products were taken into custody. He was taken to police station and F.I.R. was lodged. Sub-Inspector, Sri Yashpal Singh investigated the matter and submitted chargesheet against the appellant. The Investigating Officer also obtained sanction from the District Magistrate for obtaining permission to prosecute him. Learned Sessions Judge framed charges which were denied by the appellant. The prosecution examined S.I. Ashok Kumar Sharma and Constable Radhey Shyam, who supported the prosecution version and also proved extract of the G.D. and F.I.R. and S.I. Yashpal Singh, who investigated the matter proved that the recovered petroleum products were sent to the petroleum inspector Sri Taneja and he also proved his report and he also proved the sanction from the District Magistrate. The appellant was examined under section 313 Cr.P.C. and was given an opportunity to adduce evidence and he failed to adduce any evidence. After hearing the arguments, learned Sessions Judge, found the appellant guilty and sentenced him two years' rigorous imprisonment under section 3/7 Essential Commodities Act.
(3.) Feeling aggrieved the appellant preferred this appeal.;