- (1.) THIS appeal challenges the judgment and order dated 5.4.1990 passed by Sri Muhi -ul Islam, the then Special Judge, Muzaffarnagar in Special case no. 30 of 1987 whereby the appellant has been convicted for the offence punishable u/s 3/7 Essential Commodities Act and had been sentenced to undergo rigorous imprisonment for one year.
(2.) SHORN of details, the facts of the case are that on 10.1.987 at about 3.00 p.m. Khandsari Officer, Muzaffar Nagar Virendra Kumar Pandey accompanied by his staff and the police raided the sugar crushing unit in village Mohammad Pur and found that the accused -appellant was carrying on the process of manufacturing khandsari sugar by means of a power crusher and centrifugal machines of Meerut brand. The power crusher and the machines were being run by means of a Eicher tractor. The accused -appellant could not produce any licence for manufacturing the khandsari sugar. About 200 quintals of sugar -cane, 22 quintals of khandsari and 10 quintals of Rab was found at the pot. Samples of the khandsari were taken as per rules. One sample was given to accused -appellant and remaining were retained by the khandsari team. An inspection memo was prepared at the spot on which thumb impression of the accused -appellant were obtained. Khandsari Inspector Govind Prasad submitted a written report at police station in P. S. Budhana against the accused -appellant and his father Bhanwar Singh for contravention of U. P. Khandsari Sugar Manufacturer's Licensing Order, 1967 which is punishable under Essential Commodities Act. On the basis of this report case at crime no. 10 was registered at the police station, investigation whereof was entrusted to S.I. P. P. Singh. He interrogated the witnesses, visiting the spot prepared site plan and after completing the investigation, submitted charge -sheet against the appellant and his father Bhanwar Singh.
(3.) COGNIZANCE of the offence was taken by the Special Judge on 15.9.1987. In their statements the accused denied the entire allegations pertaining to the case and claimed false implication on account of election of Pradhan. In order to prove its case, the prosecution had examined Khandsari Officer Virendra Pandey PW -1, Khandsari Inspectors Misri Lal PW -2 and Gobind Prasad Sahu PW -3, and Investigating Officer SI Prem Pal Singh PW -4.;