This Govern ment Appeal is directed against the judgment and order dated April 1, 1972 acquitting the respondents in a case under section 3/7 of the Essential Com modities Act.

2. The prosecution case is that on 13-8-1968 at about 8. 50 a. m. , one Mukhbir brought information to P. S. Garh that respondent Karan Singh, who held a licence for selling foodgrains and sugar at controlled rate, was going to sell sugar to respondent Rameshwar Dayal at the rate of Rs. 300/- per quintal in black market. Head Constable Ram Gir made a note of this fact in the General Diary and accompanied by some constables immediately left for the shop of respondent Karan Singh. In the village he took some witnesses and proceeded towards the shop of Karan Singh. They took position behind a Chaupal and saw a buffalo cart standing in front of the shop of Karan Singh. They also saw both the respondents loading bags in that cart. After the bags had been loaded, the respondent Rameshwar Dayal made payment to respondent Karan Singh and asked the cartman to drive the cart. In that very moment the police party made a raid and caught respondent Rameshwar Dayal at the spot. Respon dent Karan Singh, how