JUDGMENT :

1. Heard Sri O.P. Gupta, learned counsel the appellant, learned A.G.A. appearing for State and perused the record.

2. This criminal appeal has been preferred against the judgment and order dated 20.01.1983 passed by Special Judge, Ballia in Criminal Case No. 158 of 1982 (State of U.P. Vs. Ran Bilas), under Sections 3/7 of Essential Commodities Act for having breached the U.P. Sugar Control Order, 1962 and U.P. Sugar Dealers Licencing Order, 1962, whereby the appellant was convicted and sentenced to undergo eighteen (18) months rigorous imprisonment.

3. The prosecution story in brief is that the present accused Ram Bilas was arrested on 04.09.1980 by Sri Indra Bahadur Singh, Naib Tehsildar Siar (Rasra), district Ballia while the present accused was going to sell away two bags of sugar on higher rate rather than the controlled sugar rate as he was fair-price-shop owner, therefore, contravened the provisions of the U.P. Sugar Control Order, 1962 and U.P. Sugar Dealers Licencing Order, 1962 and he was charged under Section 3 punishable under Section 7 of the Essential Commodities Act. A written report was lodged by the Naib Tehsildar which is Exhibit-Ka-1. The case was investig