S. R. K. PRASAD, J.

( 1 ) THE accused has preferred this appeal against the judgment of conviction and sentence of rigorous imprisonment for a period of one year and imposition of fine of Rs. 5,000. 00 for the offence under Section 353 IPC, passed by the in Additional Metropolitan Sessions judge-cum-Special Judge for Trial of cases under the Essential Commodities Act in S. C. No. 516ofl995.

( 2 ) THE factual matrix that arise for consideration can be briefly stated as follows: rigorous imprisonment for six months. Aggrieved thereby, the accused has preferred this appeal.

( 3 ) THE point that arises for consideration is "whether the prosecution has proved the guilt of the accused beyond all reasonable doubt for the offence punishable under Section 353 IPC"?

( 4 ) THE learned Counsel appearing for the appellant contends that non-examination of Sirajul Hasan is fatal to the version of the prosecution. It is further contended that recovery was not made by the officer who recorded the confession statement and it was recovered by another police officer, who took charge of this case. Moreover, there is discrepancy in the evidence of police officials and the independent witnesses regarding r

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