JUDGMENT :

This criminal revision is directed against the judgment and order dated 05.07.2013, passed by learned Sessions Judge, Champawat in Criminal Appeal No.22 of 2012, Deepak Gupta vs. State of Uttarakhand, whereby the learned Appellate Court affirmed the judgment and order dated 10.10.2012 passed by learned Chief Judicial Magistrate, Champawat in Criminal Case No.540 of 2009, State vs. Deepak Gupta, convicting the revisionist-accused under Section 3/7 of the Essential Commodities Act, 1955 and sentencing him with an imprisonment of two years’ simple imprisonment with a fine of Rs.5,000/- with default stipulation of four months’ additional imprisonment. It was further directed that the period spent by the revisionist-accused in jail in connection with the case shall be set-off.

2. The case of the prosecution starts from the raid allegedly laid on 17.06.2009 along with other shops and establishments in the go-down of revisionist-Deepak Gupta, owner of Deepak Khad Bhandar situated in front of his establishment at Banbasa near N.H.P.C. Road. According to the prosecution, in the said raid, the following fertilizers and seeds were found in the go-down of revisionist-accused:-

(i) D.A.