LOKESHWAR PRASAD CHANDRAKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 11-09-1997 passed by Special Judge under the Essential Commodities Act (henceforth 'the Act'), Durg in Special Case No. 105/1992. By the impugned judgment, appellant/accused Lokeshwar Prasad Chandrakar has been convicted under Section 7 of the Act and sentenced to undergo rigorous imprisonment for 3 months and to pay fine of Rs. 2000/-, in default of payment of fine, to further undergo rigorous imprisonment for 2 months. The case of the prosecution, in brief, is as under:--

(2.) Shri Vishnu Koshta, learned counsel for the appellant argued that the Special Judge erred in holding the appellant guilty for the offence under Section 7 of the Act. The kerosene was seized from open place which was not in exclusive possession of the appellant. The kerosene was seized from the Khalihan which is situated behind the grocery shop of the appellant. He further argued that the prosecution has not been able to prove that the seized article was kerosene. The evidence of Food Inspector Ramkishore Shukla (PW-5) is not reliable. The prosecution has not been able to make out the offence against the appellant. Therefore, the appellant deserves to be acquitted of the charge framed against him.

(3.) On the other hand, Anand Verma, learned Panel Lawyer appearing for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded to the appellant do not call for any interference by this Court.