The appellant herein is convicted for offence punishable under Section 3 sub-section 2 read with Section 7 sub-section 1 clause (a)(ii) of the Essential Commodities Act, 1955 and sentenced to suffer S.I. for 6 months and to pay fine of Rs. 2000/- i.d. to suffer S.I. for one month by the Special Judge under E.C. Act, Nashik in E.C. Case No. 24 of 1994 vide Judgment and Order dated 9th August, 1995. Hence, this appeal.

2. Such of the facts necessary for the decision of this appeal are as follows :

PSI S.S. Neve (PW 1) was attached to Vadner Khakurdi Police Station. On 27th October, 1994 when he was on patrolling duty, at about 6.45 p.m. he received a secret information that the present appellant who happens to be the proprietor of a grocery shop, run in the name and style of "Dinesh Grocery Shop" was selling diesel without valid permit or licence at a high rate near hotel Shiva. On receipt of the said information, PW 1 requested a passerby to act as decoy. The said person agreed. Thereafter, PSI requisitioned the services of two persons working as waiters in Shiva Hotel to act as panchas and decided to raid the premises. PSI had handed over a note of Rs. 50/- denomination to th