SUBHASH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19.10.2002 passed by the Special Judge under the Essential Commodities Act, (henceforth 'the Act'), Durg in Special Criminal Case No.42 of 1991 convicting and sentencing each of the accused/Appellants as under:

(2.) Case of the prosecution, in brief, is that Sharda Prasad Sao was father of both the Appellants and father-in-law of deceased accused Kedar Prasad Sao. Allegedly, House No.565 situated at Kohka, Bhilai was owned by Late Sharda Prasad Sao and House No.589 situated at Kohka, Bhilai was owned by one Raj Narayan Mishra. House No.589 was allegedly taken on rent by Kedar Prasad Sao. On 27.9.1991 at about 9:00 a.m., Food Inspector Bhagwati Prasad Sharma (PW6), Food Inspector Goutam Chand Vaidya (PW3), Food Inspector Huleshwar Katre (PW4), Food Inspector Ramswaroop Yadu (PW5) and Food Inspector Nakul Singh Thakur (not examined by the prosecution) reached to House No.565 which was owned by Sharda Prasad Sao. At that time, both the Appellants and Kedar Prasad Sao were present there. On making search of the house, it was found that 4,000 Litres of kerosene was filled in an iron tanker kept in the campus of the house. 1815 Litres of kerosene was also found in 10 drums kept in the godown of the premises. Additional 200 Litres of kerosene was found in another drum. Many instruments and pipes of different measurements were also found there. House No.589, which was owned by Raj Narayan Mishra and which was allegedly taken on rent by Kedar Prasad Sao was also searched in which 800 Litres of petrol and black oil were found in 3 containers. The articles found in House No.565 were seized. At the time when the seizure proceedings were going on, both the Appellants and Kedar Prasad Sao started shouting and they tore the seizure memo, panchnama and other documents. They spread out the kerosene filled in the tanker and drums. They also scuffled with all the Food Inspectors and created obstructions in government duty of those Food Inspectors and thereafter they ran away from there. This incident was informed to Police Station, Supela. After reaching of the police staff at the spot, the Food Inspectors completed the proceedings. A written complaint (Ex.P1) was submitted by Food Inspector Bhagwati Prasad Sharma (PW6) on 27.9.1991 itself. With regard to the incident taken in House No.589 owned by Raj Narayan Mishra, a separate case was prepared by Food Inspector Huleshwar Katre (PW4). On the basis of Ex.P1, First Information Report (Ex.P2) was registered. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed against the Appellants for offence punishable under Sections 353, 185, 506B, 209, 34 of the Indian Penal Code. Charges were framed against them under Section 3/7 of the Act and Section 353 of the Indian Penal Code.

(3.) In order to prove the guilt of the accused/Appellants, the prosecution examined as many as 8 witnesses. Statements of the accused/Appellants under Section 313 Cr.P.C. were also recorded in which they denied the circumstances appearing against them. They claimed to be innocent and pleaded false implication. No witness has been examined in their defence.