S.D.Singh, J. - (1.) The Additional Sessions Judge, Budaun, has recommended that the conviction of the applicant Munna Lal under Section 7 read with Section 3 of the essential Commodities Act, X of 1955, and the sentence of one month's rigorous imprisonment and a fine of Rs. 500/- awarded to him thereunder and the order of forfeiture of food grains mentioned in Ex. Ka. I be set aside.
(2.) On 18th July, 1964, the Tahsildar received information that Munnalal was storing food-grains in contravention of the provisions of the U.P. Food grains Dealers Licensing Order, 1964. He along with the Supply Officer, Sri O- B. Dixit, and the Senior Marketing Inspector, Sri Tej Pal Singh, raided the god own which was supposed to be that of Munnalal and found 24 bags of peas weighing 26 quintals and odd and two bags of wheat weighing one quintal and odd stored therein. Sri Tej Pal Singh prepared a recovery memo (Ex ka. 1) and placed the entire stock in the charge of Munnalal himself under the supurdginama. Ex. Ka. 2. Munnalal's statement was recorded by him and he admitted in this statement to the following effect : "The house was searched and 24 bags of peas, 14 bags of muster and two bags of wheat were found. I purchase grains in the village and sell it in the city. Peas were purchased by me in the village for being sold. I will sell it when I get proper opportunity for it, I have not yet taken licence for the sale of grain. When others obtain licence I will also obtain it." Munnalal was prosecuted in due course on the basis of a report made by the District Supply Officer, which is Ex. Ka. 8. The first information report prepared in the case is Ex. Ka. 6.
(3.) Munnalal was tried summarily under Section 12-A of the Essential Commodities Act (hereinafter referred to as the Act. Munnalal admitted before the Magistrate that his statement was recorded when the articles in question were recovered from his house and that he had no licence for the same, but he alleged that he is a cultivator meaning thereby that the grains were his own produce. He denied that he is dealing in food-grains and also offered to file a written statement which he did. The main allegations in this written statement are that the food-grains which were found in his godown belonged to several persons, each one of whom stocked six bags there. Munnalal also denied that he made any statement before the District Supply officer and alleged that his thumb marks were obtained on several papers meaning thereby that the documents which are Exs. Ka. 2 to Ka. 4 in this case were subsequently written on those blank papers on which his thumb marks were obtained.;