Om Prakash, J. - (1.) Present Criminal Appeal has been filed by the appellants against the judgment and order dated 8.3.1988 passed by the Special Judge (E.C. Act), Jalaun at Orai in Criminal Case No. 1 of 1986 (State Vs. Washir Ahmad and others, Police Station Kalpi, district Jalaun whereby the appellants Washir Ahmad, Ghasi Ram and Durga Singh were convicted and sentenced for the offence under Section 3/7 E. C. Act for a period of three years and six months R.I.
(2.) Appellant Ghasi Ram died during the pendency of the appeal, hence, appeal filed on his behalf was abated vide order dated 6.2.2017. Thus appeal filed on behalf of appellant Washir Ahmad and Durga Singh remained to be decided.
(3.) Prosecution story in nutshell as depicted in the F.I.R. are as follows : On 20.6.1984 at about 11.15 a.m. complainant Surendra Singh Sirohi, Marketing Inspector along with his companions Rajpal Singh and Gopal Krishna, Marketing Inspectors, inspected the firm M/s. Ghasiram Durga Singh, Kalpi in the presence of its partner accused Washir Ahmad. On inspection of the godown of the firm 27 qtls. Gram, 37 qtls. Masoor and 43 qtl. 20 kg. Alsi were found in excess against the entries in the stock register. In the opinion of the checking party, firm was illegally engaged in the business and has committed breach of condition no. 3 of Oil-Seeds and Oil-seed Products Control Order, 1966. Aforesaid commodities were weighed at the spot. Samples of each commodity were taken and commodities were given in supurdagi of one Fateh Singh, partner of M/s. Bhola Traders, Kalpi and fard supurdginama was prepared in that regard. In the opinion of the checking party firm had committed breach of U. P. Pulse (Licensing and Storage Control) Order, 1979 and U. P. Oil Seeds and Oil Seed Products Control Order, 1966 punishable under Section 3/7 E.C. Act. Complainant lodged tahrir at the police station Kalpi on 20.6.1984 at 4.45 P.M. Matter was investigated and the Investigating Officer inspected the spot, prepared the site plan and also interrogated the witnesses. Written report submitted to the police station concerned is Ext. Ka 4, chik F.I.R. registered in the matter is Ext. Ka 8; G.D. Entry was also made. Recovery memo is Ext. Ka-1; supurdginama Ext. Ka 2; inspection report Ext. Ka-3 and the sanction order given by the District Magistrate concerned is Ext. Ka-7. Investigating Officer after completing the investigation submitted the charge sheet Ext Ka-6.;