RAJ KUMAR GUPTA Vs. STATE

JUDGEMENT

(1.) The entire controversy in this case revolves around theDelhi Kerosene Oil (Export and Price) Control Order, 1962 (hereinafter called theOrder) and more precisely around its Clause 9(c) which runs as under:

(2.) Before I spell out the points involved I do feel that a short comment on thefacts would be called for.

(3.) The petitioner was a kerosene oil licensee. On 31/07/1981 two Inspectorsfrom the Food and Supply Department, Delhi Administration searched his business premises, inspected the account books and physically verified the availablestock of kerosene oil. On said inspection 231 liters of kerosene were found short.Some irregularities with regard to issuance of cash memos were also detected. Thisled to the prosecution of the petitioner and ultimate conviction under Section 7 ofthe Essential Commodities Act, 1955 (hereinafter called the Act). The petitionerpreferred an appeal but with no success. Hence this petition.