JAGDISH CHANDRA PRAJAPATI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) An FIR was registered at Kotwali-Pithoragarh by one Mr. G.C. Martoliya, the District Supply Officer, on 26.12.2007, which was registered as Case Crime No. 4462 of 2007, as against the present revisionist alleging thereof for commission of the offence under Section 3/7 of the Essential Commodities Act, 1955. On completion of the investigation in pursuance to the aforesaid FIR, a charge-sheet was submitted after examining eight witnesses, being Charge Sheet No. 36/2008 dated 19.03.2008, against the petitioner holding thereof that commission of the offence as narrated in the FIR to have been established with regards to the set of allegation of 5 domestic cylinders, which were found to be utilized by him in commercial activities in preparation of sweet meats in which he was dealing by name and style of Varsha Sweets, which happens to be in violation of the provisions of the control order called as Liquified Petroleum Gas (Regulation of Supply and Distribution) Order, 2000.

(2.) During the course of the investigation and at the stage of the submission of the charge-sheet in relation to the offence committed by the revisionist the charge-sheet was submitted by the Investigating Officer on 19.03.2008, being Charge-sheet No. 36 of 2008 and at the time of investigation the Investigating Officer has examined as many as eight witnesses in relation to the offence under Section 3/7 of the Essential Commodities Act as registered against the present revisionist. The Investigating Officer based on examination of witnesses has recorded the following findings in the chargesheet on culmination of the investigation: image1

(3.) The learned Trial Court after appreciating the evidence, the contents of the charge-sheet dated 19.03.2008 as well as the FIR and on considering the evidence on record, has framed the charge under Section 228 of Cr.P.C. as against the revisionist on 21.06.2008, and consequently, the trial commenced. The prime allegation against the revisionist in the proceedings before the Trial Court, which has emerged on record, are that after registration of the said FIR and ultimately on submission of the charge-sheet, it has been found that the so called sweet meat shop of the present revisionist from where he was conducting his business under the name of Varsha Sweets, one domestic cylinder was found to be in use in the shop itself and four other domestic cylinders were being utilized in the workshop situated on the first floor of the building where shop was situated. The cylinders were taken into the custody, the details of which have been given in the fard baramdagi, which was prepared by the Investigating team on 14.11.2008, which was placed on record as exhibit ka2.