JUDGMENT

B.D. Rathi, J.

1. The appellants have been convicted for an offence under Section 27 of the M.P. Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982 (for short "the Adhiniyam") and sentenced to pay a fine of Rs. 1000/- each, in default to suffer SI for three months. The impugned judgment dated 9-12-1997 was passed by I Additional Sessions Judge, Bhopal in Sessions Trial No. 115/93. At the relevant point of time, appellants were respectively working as President and Secretary of Sarvodaya Grah Nirman Sahkari Samiti, Bairagarh (hereinafter referred to as "the Samiti"), which was a registered Society. According to the prosecution case, without obtaining necessary approval and coloniser's licence from the Competent Officer and without valid transfer and mutation, appellant carved out plots on land bearing Survey Nos. 109, 116/2, 117/2, 110/2, 113/2 and 116/1 at Village Laukhedi, admeasuring 7.02 acres, and entered into agreements to sell the same to the members of the Samiti, as a result of which, houses were constructed thereon in violation of Sections 24, 25 and 26, punishable under Section 27 of the Adhiniyam. On the facts mentioned above, a memo was sent to the Commissioner