Advocates:
['S A N SHAH', '', 'VINOD KUMAR SRIVASTAVA', 'USHA SRIVASTAVA', 'A G A']

Court No. - 49

Case :- CRIMINAL APPEAL No. - 2133 of 1986

Appellant :- Satish Chandra Gupta

Respondent :- State of U.P.

Counsel for Appellant :- S.A.N. Shah

Counsel for Respondent :- A.G.A.

Hon'ble Nalin Kumar Srivastava,J.

1. This criminal appeal has been preferred against the judgement and order

dated 7.8.1986 passed by learned Special Judge (E.C. Act) Etah in Special

Case No. 6 of 1983 convicting the appellant for breach of clause 6 and 23

of U.P. Foodgrains & other Essential Articles Distribution order 1977

punishable under Section 3 Sub Section (2) Clause (1) read with Section 7

of Essential Commodities Act 1955 and sentencing to undergo rigorous

imprisonment for six months and further also to pay a fine of rupees

5000\- and in default of payment of fine to undergo simple imprisonment

for three months.

2. As per prosecution case on a complaint of one Habib Khan in respect of

irregular and illegal supply of essential commodities by government shop

keeper/ accused, PW-1 O.P. Singhal, Nayab Tehsildar in presence of

witnesses Gaya Ram, Noor Mohd and others inspected the shop of the

accused at Railway Road Kasganj on 25.3.1985 at 4.15 pm. The accused

after locking the shop f