DINESH GUPTA Vs. THE STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 26/08/1998 passed by the Special Judge, Raipur in Special Criminal case No. 1/98 whereby learned Special Judge convicted the appellant under Section 3/7 of the Essential Commodities Act, 1955 (henceforth, 'Act, 1955') for committing violation of clause 3(1)(c) and clause 6(1)(c) of the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order 1993 (henceforth, 'Order 1993'). Both the appellants have been sentenced to undergo simple imprisonment for 3 months and fine of Rs. 500/ - (each), in default of payment of fine to undergo additional simple imprisonment for 10 days.

(2.) FACTS of the case, briefly stated are, that at about 1.10 P.M. on 11/01/98 Food Inspector Dhamtari Shri R.K. Shukla along with Naib Tahsildar Shri D.R. Margiya raided Hotel Sainath Sweet House, Bus Stand, Dhamtari belonging to father of the appellant No. 1. During raid it was found that one domestic LPG cylinder of Indian Oil Corporation (henceforth 'IOC') was in the use for preparing snacks (Samosa) whereas another LPG cylinder of Hindustan Petroleum Corporation (henceforth, 'HPC') was also lying in the Hotel. The cylinder in use was fitted with brass regulator which was not supplied by the IOC. The raid Panchnama (Ex. P/1) was prepared in the presence of witnesses Narendra Shrivastava (PW -3) and Sunil Kumar Gupta (PW -4). The seizure memo (Ex. P/2) was prepared demonstrating seizure of both the cylinders, one regulator and one rubber pipe. Seized articles were given in Supurdnama to Mohan Lal Agrawal vide Ex. P/3. A report was submitted to the Collector, Raipur vide Ex. P/5 and a written complaint was lodged with the Dhamtari Police vide Ex. P7 whereupon FIR Ex. P/8 was registered by the said Police.

(3.) IN their accused statement both the appellants admitted that the Hotel belongs to them, however, they denied having committed any offence and pleaded false implication.