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 the decoy and also provided one canister for the purpose of purchasing diesel from the accused. The number of the denomination was noted down and had further marked the said note as "W.K." He had given instructions to decoy to give a signal after purchasing diesel. Accordingly, the decoy witness went to the shop of the accused and purchased diesel, thereafter, flashed the torch light as a signal that the job was accomplished. The police and panchas went to the shop alongwith the decoy. PSI interrogated the accused who disclosed his identity as Ramdas Bagad i.e. the present appellant. The facts were verified and confirmed through decoy witness.

3. The decoy had purchased diesel and had paid the marked denomination towards the said purchase. The appellant had returned Rs. 5/-. Panchanama was drawn. The PSI had seized the note of Rs. 50/- and 15 ltrs of diesel which was stored in the shop of the accused, alongwith two empty drums and a funnel. The copy of the panchanama was handed over to the accused and his signatures were obtained. The PSI then reported the said raid to Khakurdi Police Station on 28th October, 1994. On the basis of the said report, Crime No. 10 of 1994 was filed against the accused. After completion of investigation, charge-sheet was filed on 28th October, 1994.

4. The prosecution examined 3 witnesses to bring home the guilt of the accused. P.W.1 is Subhash Neve who had received the secret information and had carried out the raid. He has deposed before the Court that he had received the information and had conducted raid after following due procedure. According to him, the complaint was filed on 28/10/1994. The first information report is at Exh. 8. It is elicited in the cross-examination that there are 5 to 6 shops near shop of the accused at Aghar-Phata. House of the police patil is adjacent to the shop of the accused. He has admitted in the cross-examination that he had not noted down the number on the denomination note, which was handed over to the decoy witness. According to him, the number was noted in the panchanama. He has admitted that they had not informed the police patil of village Aghar. It is further admitted that he had not gone to the police station personally to lodge the FIR. He had reduced down the complaint at Ravalgaon Police Chowky and thereafter handed over to the constable Jadhav for the purpose of registration of crime. He had sent all the relevant papers alongwith the FIR. It is admitted that muddemal article No. 2 and 5 do not bear signature of anybody. He has admitted that he and raiding party had not given personal search to the accused.

5. P.W.2 Ramdas Shinde is the decoy witness. He has deposed before the Court that he was given Rs. 50/- and was requested to purchase diesel from the shop of Wani i.e. the pres