ASIF ALI Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal assailing the judgment of conviction and order of sentence dated 26.08.1998 passed in Criminal Case No. 3/98 by Special Judge, Raipur, whereby & whereunder learned Special Judge after holding the appellant guilty for violation of Liquefied Petroleum Gas (Regulation of Supply & Distribution) Order, 1993 (hereinafter referred to as "the P.G. Order") convicted him under Section 3 & 7 of Essential Commodities Act, 1955 (for short, 'the Act') and sentenced him to undergo S.I. for three months and to pay fine of Rs. 500/-, in default of payment of fine to undergo additional S.I. for 10 days.

(2.) The facts as projected by the trial Court are that the appellant/accused is a hotel-keeper, he was arrested and prosecuted for alleged violation of clause 3(1) (c) and 6(1)(c) of the P.G. Order. Prosecution has alleged that on 11.01.1998 Naib Tehsildar, Dhamtari Shri D.R. Margiya (PW-3) along with Food Inspector R.K. Shukla (PW-1) inspected the hotel "Cafe Akbari" which belongs to appellant in presence of Abdul Salim and Naveen Masih and found the appellant using Liquefied Petroleum Gas (Domestic) in cooking and preparation of some edible items. Seizure & Panchnama (Exs.P-1 & P-2) were prepared and gas cylinder, brass regulator and a rubber pipe were seized which were allegedly handed over to LPG Dealer, Mohan Lal Agrawal on Supurdnama. After preliminary inquiry FIR (Ex.P-8) was lodged by Inspector, Food and Supply, Dhamtari and after completion of investigation police has filed challan sheet against the appellant under Section 3 & 7 of the Act.

(3.) Learned trial Court relying upon the testimonies of Ram Kishore Shukla (PW-1), D.R. Margiya (PW-3) and Ashok Kumar Dwivedi (PW-4) convicted the appellant as aforementioned.