Arvind Kumar Mishra, J. - (1.) Heard Sri Akhilesh Kumar Pandey, learned counsel for the appellant, Sri B.D. Nishad, Sri Sushil Kumar, learned AGAs, Sri Rajiv Lochan Dwivedi, learned brief holder for the State and perused the record.
(2.) By way of instant appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 31.10.1987 passed by Special Judge, Rampur, in Special Case No.13 of 1986 State Vs. Ram Kumar @ Ram Kunwar, under Section 3/7 Essential Commodities Act, Police Station- Shahbad, District- Rampur whereby the appellant has been sentenced to undergo three months rigorous imprisonment coupled with fine Rs.250/- under Clause 3 of U.P. Kerosene Control Order 1962, punishable under Section 3/7 Essential Commodities Act, in case of default, he will have to suffer additional 15 days' imprisonment.
(3.) The relevant facts giving rise to this appeal appear to be, as discernible from the record, that the appellant Ram Kumar @ Ram Kunwar against whom charge sheet under Section 3/7 Essential Commodities Act has been filed, was arrested by Sri Vimal Chandra Srivastava, Sub-Divisional Magistrate, on 01.06.1985 around 2:15 p.m. after he received several complaints from public that the appellant is selling kerosene oil.;