Naresh Kumar vs State of U.P.

B.N. Katju, J.—The applicant was convicted u/s 3/7 of the Essential Commodities Act and sentenced to imprisonment till the rising of the court and a fine of Rs. 500/- and in default to undergo two months'' rigorous imprisonment by the Magistrate First Class, Meerut by his judgment dated 24--1--1975 passed in Case No. 132. He filed Criminal Appeal No. 25 of 1975 which was dismissed by the III Additional Sessions Judge, Meerut by his judgment dated 11-11-1978 which runs as follows:

This appeal has been filed against the order dated 24-1-1975 passed by S.N. Gupta, Magistrate Ist Class convicting the Appellant u/s 3/7 of the Essential Commodities Act to imprisonment till the rising of the Court and to pay a fine of Rs. 500/- or to undergo R. I. for two months.

The prosecution story was that on 16-6-1978 at about 7.30 p.m. the accused was found carrying 20 quintals of wheat in two buggies from Tehsil Baghpat towards Meerut without any licence or permit, thereby contravening the provisions of Clause 8 of U. P. Wheat and Wheat Products (Regulation of Trade and Control of Movement) Order 1973. The accused was sent up for trial. The learned Magistrate found him guilty and sentenced him. Aggrieved by that order, the present appeal has been filed.

The Appellant did not turn up on the date of hearing. The appeal was heard i. e. I have heard the learned Counsel for the State and have also gone through the record. The finding appears to be justified on the basis of record. There is nothing which may warrant any interference by this Court. So the findings of fact are confirmed. The appeal has no substance and merits dismissal.

ORDER

The appeal is dismissed. The conviction of the accused is maintained. Warrant for realization of fine shall be issued u/s 421 Code of Criminal Procedure.

The applicant has now come up in revision to this Court.

u/s 387 Code of Criminal Procedure the rules contained in Chapter XXVII relating to judgments of a criminal court of original jurisdiction have been made applicable to the judgments in appeal of a Court of Sessions. u/s 354(1)(b) Code of Criminal Procedure which is contained in Chapter XXVII a judgment of a criminal court of original jurisdiction is required to contain the point or points for determination, the decision thereon and the reasons for the decision. Section 354(1)(b) Code of Criminal Procedure is thus applicable to the judgment in appeal of a court of sessions by virtue of Section 387 Code of Criminal Procedure.

Even if the Appellant and his counsel were absent on the date of hearing of the appeal it was necessary for the learned Judge to discuss the evidence led in support of the prosecution case and to give reasons for accepting or rejecting it in view of Section 354(1)(b) Code of Criminal Procedure which was not done. The judgment of the learned judge is thus clearly illegal and deserves to be set aside.

This application is accordingly allowed and the judgment of the III Additional Sessions Judge, Meerut dated 11-11-1978 is set aside and the case is remanded to the Court of the learned Judge for rehearing Criminal Appeal No. 25 of 1975 and deciding it in accordance with law.

It may be mentioned that the additional evidence which was recorded by the Chief Judicial Magistrate, Meerut in compliance with the order of this Court dated 25-7-1979 shall also be taken into consideration by the learned Judge in deciding the appeal.