- (1.) THIS is the criminal appeal against the judgment and order dated, 16-10-1987, passed by learned Special Judge, Tehri Garhwal in ST No. 2 of 1985, by which the accused-appellant was con victed under Section 3/7 of the Essen tial Commodities Act and sentenced him to undergo three years rigorous impris onment and a fine of rupees one thou sand. In default of payment of fine, it was directed that the accused-appellant would further undergo six months rigor ous imprisonment.
(2.) THE facts in nutshell are that Shri V. K. Dube, the Addl. SDM, Tehri-Pratapnagar received a telephonic mes sage on 07-4-1985 at about 04. 30 pm from a 'mukhbir' that the levy cement was being unloaded before the house of Sunder Singh Dobhal in Ahalkari Mohalla, Tehri. On receiving the said in formation, Shri V. K. Dube alongwith other police officials raided at the spot and seized 37 bags of levy cement. It was revealed that the seized articles belong to the accused-appellant, Israr Ahmad who was standing nearby the said seized cement bags. After making further enquiries from the accused-ap pellant, Israr Ahmad, he was brought to his house wherein five bags of levy ce ment were found in his possession. THE memo Ex. Ka. 1 was prepared. THE ac cused-appellant further informed that he purchased the said cement bags from one Maqsood Ahmad. As Maqsood Ahmad was not found in his house, so further raids could not be conducted on that day. F. I. R. was lodged on the next day on the pretext that the alleged En forcement Officer has no Government Orders with him, as such, the EI. R. was lodged on the next day after receiving the government orders from the District Magistrate, Tehri. Thereafter, the investigation was taken by the police and a chargesheet was submitted before the Sessions Judge, Tehri who was exercising jurisdiction as a Special Court under the Essential Commodities Act. The accused-appellant was charged under Section 3/7 of the Essen tial Commodities Act. He denied the charge levelled against him and claimed the trial.
(3.) THE prosecution in support of its case adduced the evidence of Constable Mangat Ram (PW1), Shri V. K. Dube, Addl. SDM (PW2) and Sub-Inspector Brij Mohan (PW3) who were the mem bers of the raiding party. THEy recovered the said cement bags at the spot. R. P Singh (PW4), S. S. I, is the Investigating Officer of the case. The statement of the accused-ap pellant was recorded under Section 313 of the Criminal Procedure Code. He pleaded not guilty of the offence and further stated that nothing was recovered from his pos session nor gave anything in writing and, his signatures on the said writing was ob tained under duress and force. He has fur ther stated that he belongs to the CPM Party and is an active worker of the said party. He always brought the problems of the labourers to the notice of the police and the district administration. As he used to give speeches against the administration so he has been falsely implicated in the case.;