SAITHALAVI Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant, who is the accused in ST No. 25/199 on the file of Special Judge for Essential Commodities Act, Thrissur challenges the judgment of conviction and sentence under S.3 and S.7 of the Essential Commodities Act, 1955 (hereinafter referred to as the 'EC Act' for short). He was sentenced to imprisonment for six months and fine of Rs.2,000/-, in default of payment of fine, imprisonment for six months.

(2.) The facts necessary for indictment were that on 07/08/1992 at 4.15 p.m. the Rationing Inspector, Kozhikode inspected the house of the appellant and detected 1010 litres of kerosene kept in 5 big barrels in his courtyard and one small barrel in the bath room, in the house No. RP II / 214 of Velipram Amsom Desom, Ramanattukara. Immediately he reported the matter to his higher authorities and as per their direction reported the matter to the Feroke Police, where they registered a crime and after completing investigation, laid final report in the Trial Court.

(3.) During trial, prosecution examined PWs 1 to 8 and marked Exts. P1 to P12 as documentary evidence. The incriminating circumstances brought out in evidence were denied by the accused while questioning him. He did not adduce any defence evidence. The Trial Court, after analysing the evidence, convicted the appellant. Being aggrieved by that judgment, he filed this appeal.