STATE OF GUJARAT Vs. KESHABHAI LAXMANBHAI VAGHRI

JUDGEMENT

(1.) The appellant-State of Gujarat has preferred this Appeal under Section 378 of the Code of Criminal Procedure, 1973 against the Judgment and Order of acquittal dated 14th February 1992 passed by the learned Special Judge and Additional Sessions Judge, Ahmedabad (Rural), Mirzapur, in Special Criminal Case No.13 of 1991, whereby the learned Judge has acquitted the respondent-accused of the charges levelled against him.

(2.) The short facts of the prosecution case is that on 31st May 1991 Police Sub Inspector has received information that at Nr.Bus Stand, Village Zundal, activities of selling diesel and petrol illegally are going on. It is the case of the prosecution that on receiving such information, P.S.I. Along with other police persons went to the said place. At that point of time, respondent-accused was present at that place. It is the case of the prosecution that when complainant went near the Bus Stand, the respondent-accused started running. It is further the case of the prosecution that he was caught by the police persons and complaint was filed against the respondent-accused in the Court of learned Sessions Court, Ahmedabad (Rural), Mirzapur under Sections 3 and 7 of the Essential Commodities Act.

(3.) Thereafter the trial was conducted before the learned Judge. To prove the case of the prosecution, prosecution has produced oral as well as documentary evidence. After considering the oral as well as documentary evidence, the learned Judge has acquitted the respondent-accused from the charges alleged against him by the Judgment and Order of acquittal dated 14th February 1992.