SUNIL KUMAR GARG, J. - (1.) THIS appeal has been filed by the accused appellant against the judgment and order dated 25.4.1989 passed by learned Sessions Judge, Churu in Sessions Case No. 7/86 whereby the learned Sessions Judge convicted the accused appellant for violation of Clause 3 of the Rajasthan Trade Articles (Licensing and Control) Order, 1980 (hereinafter referred to as the Order of 1980 punishable under Section 3/7 of the Essential Commodities Act and sentenced him as under: Name of Convicted under Sentence Awarded Accused Section Mangi Lal 3/7 EC Act 3 month's RI and a fine of Rs. 500 in default to further undergo 1 month's R.I.
(2.) IT arises in the following circumstances: (i) The case of prosecution in short is that on 28.12.1985, at about 4 p.m., P.W. 3, Mangi Lal, Enforcement Inspector, Sujangarh checked the firm and shop of M/s. Radha Krishna Mangi Lal in presence of two Motbirs P.W. 2 Dhanraj and P.W. 4 Askaran. The said shop was in the proprietorship of the accused appellant. On checking he found 36 quintal Bazra, 12 quintal Wheat and 2.10. quintal rice etc. for which he was not having licence as required under the provisions of Order of 1980 and thus, he contravened Clause 3 of the Order of 1980 punishable under Section 3/7 of the EC Act. P.W. 3 Mangi Lal prepared Fard of checking and the same is Ex.P/1. Thereafter P.W. 3 Mangi Lal lodged report Ex.P/4 with the Police Station Chhapar and thereafter regular FIR Ex.P/5 was chalked out. On 21.2.1987, the learned trial Judge framed charge for offence under Section 3/7 of the EC Act for violation of Clause 3 of the Order of 1980 against the accused appellant who pleaded not guilty and claimed trial.
(3.) DURING trial as many as 5 witnesses were produced on behalf of the prosecution. The accused appellant in his statement under Section 313 Cr.P.C. denied to have committed any offence and 3 witness were examined in defence.;