Sunil Kumar Garg, J. - (1.) This appeal has been filed by the accused appellant against the judgment and order dated 4th March, 1998 passed by the learned Special Judge, Essential Commodities Act (Addl. Sessions Judge), Barmer in Sessions Case No. 7/97 by which he convicted the accused appellant for the offence under section 3/7 of the Essential Commodities Act (hereinafter referred to as the 'EC Act') and sentenced him to undergo three months simple imprisonment and to pay a fine of Rs. 100/-, in default of payment of fine, to further undergo seven days SI.
(2.) It arises in the following circumstances : PW. 1 Jaskaran, Enforcement Officer lodged a report Ex. R 17 before the Police Station, Ramsar District Barmer on 2.1.1997 stating that the accused appellant was authorised dealer for running fair price shop at village Pandhi Ka Par. It is further stated in the report that this fair price shop was inspected by him on 5.12.1996 and on inspection, he found the following irregularities: 1. That accused appellant was carrying the business at a place other than the authorised by the District Supply Officer and thus, by doing so, accused appellant has violated condition No. 1 of Order 6 of the Rajasthan Food Grains and Essential Articles Regulation of Distribution Order, 1976 (hereinafter referred to as 'the Order of 1976'). 2. That wheats were being sold by the accused appellant at higher rate than the prescribed rate and thus, in doing so the accused appellant has violated the condition No. 3. 3. That on 5.12.1996, the shop of the accused appellant was found closed and there was no mention of the price and stock on the Board and thus, the accused appellant violated conditions No. 8 and 9. 4. That there has been violation of condition No. 17(C) of the License in the manner that wheat 140 kg. was found, though as per the stock register, it should have been 95 kg. and thus, 45 kg. wheat was found in excess and similarly, 21.900 grms. sugar must have been found as per stock, but it was not found. Thus, the accused appellant has violated condition No. 17(C) of the License Ex. P. 2.
(3.) On this report, the police registered the case FIR No. 2/97 for the offence under section 3/7 of the EC Act and started investigation. After usual investigation, the police submitted challan in the Court.;