- (1.) CHALLENGE in this appeal is to the judgment and order dated 29.3.1989 passed by Sri Nepal Singh, the then Special Judge/Addl. District & Sessions Judge, Saharanpur in Special Case no. 3/88 State Versus Abdul Aziz whereby he has been found guilty for the offence punishable u/s 3/7 Essential Commodities Act for violating Clause -3 of U. P. Kerosene Control Order, 1962 and sentenced to undergo one year's rigorous imprisonment.
(2.) SHORN of details, the prosecution story is that an information was received at P.S. Kutubsher on 28.10.1987 that accused Abdul Aziz r/o Sarai Hisamuddin is engaged in the business of selling kerosene without permit. On this information S.I. Yogendra Kumar Sharma, along with SI A.B. Saifi and other police personnel reached at the house of the accused at 2.30 p.m. and found that he was measuring kerosene for sale to two buyers, who made their escape good on seeing the police. On search about 300 litres of kerosene, 20 litres kerosene each in plastic and iron zariken, two plastic containers of 5 litres each, 2 measuring vessels of 5 litres each filled with kerosene and other measuring tools were recovered. The public witnesses did not witness the recovery. Recovery memo was prepared by SI Yogendra Kumar Sharma and the accused could not show any permit for keeping the kerosene in his possession. The accused was arrested at the spot for having committed offence u/s 3/7 Essential Commodities Act and brought to the police station. On the basis of recovery memo case u/s 3/7 Essential Commodities Act was registered at 3:30 p.m. The investigation undertaken by SI Santosh Kumar ended in charge -sheet against the accused appellant and sanction for his prosecution was obtained from the District Magistrate and it was submitted to the Court.
(3.) THE accused in his statement denied the allegations made against him and claimed trial. In order to prove its case, the prosecution had examined SI Yogendra Kuamr Sharma PW -1, SI Santosh Kumar PW -2 and Constable Jawahar Lal PW -3.;