Court No. - 49

Case :- CRIMINAL APPEAL No. - 2322 of 1987

Appellant :- Rahmat Ali

Respondent :- State of U.P.

Counsel for Appellant :- Chandra Prakash Garg

Hon'ble Nalin Kumar Srivastava,J.

1.

This criminal appeal arises out of impugned judgement and

order dated 3.9.1987 passed by Special Judge (E.C. Act) Banda in

Special Case No.23 of 1986 arising out of Case Crime No.1446 of

1985, P.S. Kotwali, District- Banda, whereby accused-appellant has

been convicted under Section 3/7 Essential Commodities Act and

sentenced to six months rigorous imprisonment along with fine of

Rs.500/- and in default of fine for further undergo one month’s

simple imprisonment.

2.

The prosecution case in brief is that the complainant Sri Ram

Milan Singh, the then Naib Tehsildar, Banda received information

that accused Rahmat Ali, a fair price shop dealer had lifted 13

quintals of levied sugar from the office of Deputy Regional

Marketing Inspector for distribution to the card holders but the

same was not distributed against them and was sold in the black

market. On inspection of his shop on 17.9.1985 the accused was

found absent. The stock and sale registers were inspected at his

shop and statement