Som Pal v. State
Case brief
What is this about?
In a criminal appeal against conviction for transporting prohibited khandsari beyond Uttar Pradesh, the High Court set aside the conviction because the police failed to weigh the seized commodity and record the weight in the memo of recovery.
What did the court decide?
Conviction set aside; appellant exonerated; bail bonds cancelled; accused to furnish surety bonds under Section 437-A Cr.P.C.
What the court decided
1
Court No. - 42
Case :- CRIMINAL APPEAL No. - 842 of 1992
Appellant :- Som Pal
Respondent :- State
Counsel for Appellant :- V.S.Chaudhary
Counsel for Respondent :- A.G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard Sri L.K. Pandey, D.M. Tripathi and Ved
Kant Mishra, learned counsel for the appellant
as well as Sri Om Narain Tripathi, learned
A.G.A. assisted by Sri Rajeev Rai, learned brief
holder for the State and perused the record of
this appeal.
By way of instant criminal appeal, challenge
has been made to the validity and sustainability
of the judgment and order dated 17th April, 1992
passed by Special Judge, Meerut in Essential
Commodities Trial No.13 of 1987, (State Vs. Som
Pal and another) under Section 3/7 Essential
Commodities Actarising out of case crime no.28
of 1986, police station- Baraut, District-
Meerut, whereby the appellant- Som Pal- has been
convicted and sentenced to undergo 6 months R.I.
coupled with fine of Rs.500/-, with default
stipulation for three months simple imprisonment
Brief facts relevant for adjudication of
this appeal appear to be that the first
information report dated 19.01.1986 is
indicative of fact that S.I. Ranvir Singh of
Police Station- Baraut along with other police
personnels were busy in checking vehicle and
2
Issues for consideration
1 issue framed by the court
Whether conviction under Section 3/7 Essential Commodities Act is sustainable when the recovered khandsari was not weighed and mentioned in the memo of recovery.
Parties & counsel
- appellant
Som Pal
- respondent
State
Coram
Arvind Kumar Mishra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- CRLA/842/1992
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