JUDGMENT

Dr. Pushpendra Singh Bhati, J. - This Criminal appeal under Section 374 Cr.P.C. has been preferred with the following prayer:-

"It is, therefore, humbly prayed that this appeal may kindly be allowed and the accused respondent may kindly be sentenced appropriately and adequately by enhancing the sentence of the accused respondent."

2. Brief facts of the case as placed before the Court by learned Public Prosecutor appearing for the State-appellant are that on 16.08.1994 the Enforcement Officer, Shri Ram Chandra, searched the house of the respondent in the presence of his father, and upon checking the tanker present in the house found 1000 litres diesel present in it, and that the respondent did not have a bill / receipt for the same. The Enforcement Officer took three samples of the diesel so found, and after finding that the respondent was in illegal possesion of the said diesel, a report was submitted at the Police Station, Hinduman Kot, and a case was registered against the respondent under Sections 3/7 Essential Commodities act, 1955. Subsequently, the chargesheet was filed and charges were framed against the respondent. Upon trial, the learned Court below convicted respond