S. N. AGGARWAL, J.

( 1 ) THIS is a 25 years old appeal filed by the State aggrieved by acquittal of the respondent of charge under Section 7 of the Essential commodities Act, 1955 vide judgment dated 21. 10. 1982 passed by Sh. Bhola Dutt, then Metropolitan Magistrate, Delhi in case vide FIR No. 1179/1980 of Police station Defence Colony.

( 2 ) AS per prosecution case, the respondent at the relevant time of incident was the proprietor of fair price shop No. 4809, M/s Anand Departmental store No. 47, Anand Lok, New Delhi. A raid was held on his shop by the officials of the Food Department on 23. 10. 1980 and again on 30. 10. 1980. At the time of raid, the officials of the Food Department found certain discrepancies in the stock at the shop of the respondent. To be precise 37 kilograms of wheat was found excess; 1 quintal 75 kilograms rice was found excess; 1. 5 kilogram palm oil was found short and 11. 5 kilograms of rapseed oil was found excess in the stock. On 23. 10. 1980 the raiding party comprising PW-2 Ravinder Dhall and PW-3 s. K. Gupta seized sale register, stock register and one cash memo from the shop of the respondent. When raid was conducted on his shop on 30. 10. 1980,