PATEL GOVINDBHAI RAMDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and order passed in Essential Commodities Case No. 17/93 (Criminal Case No. 22/93) by the learned Special Judge, Sabarkantha at Himatnagar dated 10.3.1998 recording the conviction of the appellant-accused for the offence under sec. 3(2)(d) as well as sec. 7(a)(ii) of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act') and imposing sentence of S.I. for 3 months and fine of Rs. 1,000/-, in default S.I. for one month and confiscating 220 litres of kerosene. The accused was however acquitted of the charge under sec. 420 of IPC.

(2.) The facts of the case briefly summarised are that on 15.6.1993 officers of the Civil Supplies Department visited the premises (hotel) of the accused and found from the backyard of the premises a barrel consisting of 220 litres of kerosene. On verification of the record, the kerosene was found unauthorised, without any bills and also in violation of Government Notification dated 6.11.1980 which provided that possession ofstock in excess of 18.5 litres is prohibited. Further, it was verified that this stock of kerosene was utilized for commercial purpose of running the hotel and thereby has caused prejudice to the public distribution system of essential commodities and thereby committed offences under sec. 3 as well as sec. 7 of the Act. Further, by such violation, the accused has also committed an offence under sec. 420 of IPC. On the basis of this, a complaint was registered at Exh. 1. The Collector, vide order dated 10.8.1993, granted the sanction for prosecution.

(3.) On the basis of the complaint, a case was registered being Summary Case No. 22/93. Since it is a summary case, plea was recorded at Exh. 9. The accused denied to have committed any such offence and therefore the court proceeded with the trial.