C.V.HAMZA Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Revision Petition has been filed against the concurrent finding of guilt, conviction and sentence passed against the revision petitioners.

(2.) Prosecution case is that on 23.03.2006 at about 17.00 hours accused were found to be keeping blue kerosene, to be given in subsidy by the Government, at Panniyankara Chamundi Valappu in the lonely property situated on the eastern side of the road for sale, without any permit or valid documents and thereby accused committed the offences punishable under Rule 16 of the Kerala Kerosene Control Order, 1968 r/w. Sections 3 and 7 of the Essential Commodities Act, 1955.

(3.) On the side of the prosecution, PW1 to PW6 were examined and Exts.P1 to P6 were marked. MO1 to MO11 were identified and marked. After the closure of prosecution evidence, accused were questioned under Section 313 Cr.P.C. They denied all the incriminating facts and circumstances put to them and there was no defence evidence. Thereafter, on hearing both sides, the trial court found both accused guilty under Sections 3 and 7 (1) (a) (ii) of Essential Commodities Act , 1955 and sentenced them to undergo rigorous imprisonment for six months each and to a pay fine of Rs.4,000/- each in default to undergo simple imprisonment for one month each. Against which, criminal appeal No.638/2008 was filed and as per the judgment dated 26.09.2009 the Additional District and Sessions (Fast Track Adhoc-I) Judge, Kozhikode, confirmed the conviction and sentence and dismissed the appeal. Aggrieved by the same, the revision petitioners came up in revision for various grounds stated in the memorandum of revision.