- (1.)This appeal has been directed against the judgement and order passed by the Special Judge, Guna on 22-4-1987 in Special Cr. Case No. 3/86 convicting the appellant under Section 3/7 of the Essential Commodities Act, 1955 and sentencing him to six month's R. 1. with a fine of Rs. 1,000/- and in default of payment of fine further rigorous imprisonment for one month.
(2.)The prosecution alleges that on 3-9-1985, Mahendra Raghuwanshi, Asstt. Food Inspector along with Laxmi Narain, Food Inspector inspected the appellant's Tea-Stall, known as 'Babli-Tea-Stall, where the appellant was present and selling sweetmeats. These officials found infringment of exhibition of price-list, which is supposed to be exhibited by the vendor or seller of the article of food. It is further alleged that the Gulab-Jamuns were prepared and kept at the shop of the accused-appellant and were being sold at that time, but their prices were not included in the daily price-list. There was no date on the said price-list. It is alleged that District Magistrate, Guna has fixed rates of certain articles but different higher rates were being charged from the customers. It is further alleged that Mahendra Singh Ranghuvanshi, Asstt. Food Inspector asked the 'accused-appellant to produce the accounts of sale and purchase, but the appellant showed his inability. The Food Inspector then prepared the Panchanama Ex. P/4 and submitted his report Ex.P/1. The Asstt. Food Inspector after completion of usual formalities, sent a report to the Police Station, Guna for registration of a case against the appellant. The Police Station Guna registered the case as per Ex.P/7.
(3.)The usual investigation was done. The appellant-accused was arrested and the challan was submitted against him. The accused-appellant pleaded not guilty and contended false implication.