CHELUVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Petitioner was the accused in C.C. No. 70/1983 on the file of the Special Judge, Bangalore. He was tried for contravention of clause (3) of the Karnataka Kerosene Dealers' Licencing Order, 1969 (for short the -Order') for carrying on business in kerosene as a dealer without a licence and for contravention of the kerosene (Fixation of Calling Prices) Order 1970, for selling kerosene at a higher price than the price fixed under the said order punishable under Sec. 7 of the Essential Commodities Act, 1955. As the accused denied the commission of the said offences, P.Ws. 1 to 3 were examined and Exs. P1 to P8 were produced on behalf of the prosecution. Exs. D1, D1(a) and D1 (b) were got marked on bahalf of the accused. No evidence was adduced in his defence by the accused. The learned Special Judge acquitted the accused for contravention of Kerosene (Fixation of Ceiling Price) Order, 1970. He however, held the accused guilty of contravention of clause (3) of the order and convicted him under Sec. 7 of the Essential Commodities Act and sentenced him to undergo simple imprisonment for three months and to pay a find of Rs. 100/- or in default to undergo further simple imprisonment for 15 days. Hence* this revision petition by the accused against the said conviction and sentence.

(2.) According to the prosecution on 11-11-1983 at about 3P.M. Durga Prasad, P.W. 2 who was a P.S.I, attached to Food Cell, C.i.D., Bangalore on credible information that kerosene was being sold in black market near Grand Isakia Hots! on Police Road; Bangalore, went there along with pancha, Ravi kumar, P.W. 1. and found the accused selling kerosene to one Venkatesh. There was a push cart and in it there was a barrel containing about 100 litres of kerosene. He seized the push cart and the kerosene under the Mahazar Ex. P-1 and filed a complaint as per Ex. P-2, in the Market Police Station, Bangalore, before P.W. 3, the P.S.I. After completing the investigation, P.W. 3 submitted a charge-sheet against the accused.

(3.) The defence of the accused is one of total denial.