MEER NAVEED KHAN Vs. STATE

JUDGEMENT

(1.) HEARD both sides.

(2.) THE petitioner-accused is prosecuted by the respondent-police in E. C. C. No. 11 of 2000 before the learned Magistrate on the charge of he having committed an offence punishable under Section 7 read with Section 3 of the Essential Commodities Act, 1955 ('the Act' for short), as he being the dealer in petrol, was found on 6-1-1988 at about 10. 00 a. m. within the limits of the respondent-police station, selling adulterated petrol to the public at his petrol bunk, situate at Kolar, in contravention of Clause 2 (e) and 2 (i) of the Motor Spirit and High Speed Diesel (Prevention of Malpractices in Supply and Distribution) Order, 1990 ('the Order of 1990' for short ).

(3.) IT is not in dispute that the petitioner was the owner of the said petrol bunk and that he was the dealer as defined in sub-clause (c) of clause 2 of the said order and that the samples of the petrol stored in the bunk were seized by the police on 6-1-1988 at about 10. 00 a. m. and the same were subjected to chemical examination of the Chemical Examiner, F. S. L. , Bangalore, and that on examination of the said sample, he furnished his report No. CS/386/98 dated 22-1-1998 with his following opinion.