JUDGMENT :

Ravindra Maithani, J.

Instant revision is preferred against the following:-

(i) Judgment and order dated 26.04.2022, passed in Criminal Case No. 196 of 2015, State Vs. Manish Panwar, by the court of Chief Judicial Magistrate, Tehri Garhwal (“the case”). By it, the revisionist has been convicted under Section 3 read with 7 of the Essential Commodities Act, 1955 (“the Act”) and sentenced to undergo rigorous imprisonment for a period of five years with a fine of Rs.20,000/- with further stipulation that in default of payment of fine the revisionist shall undergo simple imprisonment for a further period of one month and;

(ii) Judgment and order dated 06.09.2022, passed in Criminal Appeal No. 13 of 2022, Manish Panwar Vs. State of Uttarakhand. By it, the judgment and order dated 26.04.2022 passed in the case has been upheld.

2. Facts necessary to appreciate the controversy, briefly stated, are as follows.

PW1 Kishan Singh Bhandari, the Regional Food Officer was told that somebody is unauthorizedly selling diesel at Chamiyala. He was directed by the District Magistrate to look into the matter. On 23.03.2015, PW1 Kishan Singh Bhandari visited the place alongwith PW3 Het Ram Mamgain,