ORDER

This Criminal appeal has been filed under section 374 (2) of the Cr.P.C. being aggrieved by judgement dated 29.09.2004 passed by the Special Judge, Ujjain in Special Case No.09/1994 whereby the appellant/accused has been convicted under section 7 (1)(a)(ii) of the Essential Commodities Act, 1995 for violation clause 3(1) of Madhya Pradesh Scheduled Commodities Dealers (Licensing and Restriction on Hoarding) Order, 1991 sentenced to undergo R.I. for a period of 6 months, in addition to a fine of Rs.5,000/- and in default of payment of fine, to further undergo R.I. for a term of one and a half months. 2. Brief fact of the case is that during inspection dated 28.12.1992 by Assistant Food Officer, Jaora the truck no.CII-177 was carrying 119 quintal 30 kg. maize in 120 bags without license from the godown of appellant/accused Shantilal who was transporting the produce to Sagwara, District Dungarpur, Rajasthan. On completing the proceedings the appellant/accused put to trial before the Special Judge, Ujjain.

3. The Special Judge, Ujjain convicted the appellant/accused on relying the testimony of S.I. Daulat Singh Ranawat (P.W.-5), driver of the vehicle Mohd. Jahid Khan (P.W.2), Co