- (1.) KHEM Karan, J. Heard, Shri Rishad Murtaza, holding brief for Shri Imtiyaz Murtaza, learned counsel for the appellant, learned Additional Government Advocate and perused the record received from the trial Court.
(2.) THE present criminal appeal by Chet Ram is directed against the judgment and order dated 12-1-1984, passed by Shri B. I. S. Sodhi, the then Special Judge, Har-doi by which he convicted the appellant under Section 3/7 of Essential Com modities Act and sentenced him to a period of two years R. I. It is said that S. I. Ram Abhilakh Singh of P. S. Kotwali, Hardoi got informa tion that one Kotedar (Proprietor of the fair price shop) had illegally sold the sugar, after lifting it from F. C. I. , Hardoi. He took the witnesses and reached Octroi Post, on Hardoi-Lucknow Road, at 8. 40 p. m. He found two carts loaded with 33 bags of sugar. The appellant was allegedly, in control of these carts and on query, he told that the sugar belonged to Pahadi Singh, Kotedar. The appellant also showed gate pass, issued by F. C. I. But the Sub-In spector seized the sugar, arrested the ap pellant and registered a crime punishable under Section 3/7 of Essential Com modities Act. After the necessary inves tigation and sanction of the District Magistrate, the police submitted the charge-sheet against the appellant. The appellant took the plea that he was transporting the sugar, as per instruc tions of Pahadi Singh, the Kotedar and purchaser from F. C. I. He further con tended that he was servant of Pahadi Singh and had not purchased the sugar from Pahadi Singh.
(3.) THE prosecution examined Ram Abhilakh Singh as P. W. 1, the defence ex amined Pahadi Singh (D. W. 1), Nanhey Lal (D. W. 2), Reghubar Singh (D. W. 3) and Harishankar (as D. W. 4) and also filed few papers marked Ext. Kha-1 to Kha-4. Jagdish Prasad and Maqbool Hussain who examined as C. W. 1 and C. W. 2 respectively. The learned Judge, rejected the defence pleas and convicted the appellant under Section 3/7 of E. C. Act.;