BOMBAY GARAGE (AHMEDABAD) LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has preferred this appeal under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code for brevity) challenging the order of conviction passed by the learned Special Judge, Ahmedabad on 29th August, 1999 in Special Criminal Case No. 238 of 1995 convicting the appellant -original accused of the charges of commission of offence punishable under Section 7 of the Essential Commodities Act, 1955.

(2.) THE facts in brief leading to filing of the present appeal deserves to be set out as under:

(3.) IT is the case of the prosecution that the accused No. 1, was licensed holder dealer engaged in the retail and sale of petrol, and high speed diesel from its place of business located near Shahibaug Underbridge and the accused No. 2 (who has been acquitted by the learned Special Judge by his aforesaid order) was alleged to be the Manager of accused No. 1, M/s. Bombay Garage Pvt. Ltd., therefore, he was responsible for day to day affairs of the accused No. 1 - firm. On 14.12.1994, the Investigating Officers of the Department of Food and Civil Supplies, Government of Gujarat visited the said petrol pump and inspected the functioning of the petrol pump and verified the records maintained by the petrol pump and also physical stocks of petrol and diesel found in the said premises of the petrol pump and compared the same with the records pertaining to the petrol pump. The density of petrol and diesel was also verified by the Investigating Officer by measurement and compared the same with the available figures in the Density Register of the accused No. 1. The samples of petrol and diesel of the accused No. 1 were drawn by the Investigating Officers and same were forwarded to FSL for analysis and upon receipt of the report from FSL, it was found that the variation in the density of petrol was found to be well beyond the prescribed limits meaning thereby that there was contravention of 1990 Order on the part of the accused. The Investigating Officers carried out detailed panchnama in presence of panchas and recorded the statement of accused No. 2. During the course of investigation of physical verification of the stocks and comparing the same with stock register and other documentary evidence like bills, receipts etc., it was found that there was an excess stock to the tune of 990 liters of petrol and the accused had committed breach of contravention of 1981 Order and since the 1981 Order and 1990 Order are issued under the provisions of Essential Commodities Act, the accused committed offence as per the provisions of Section 3 of the Act, which is punishable under the provisions of Section 7 of the said Act. Both the accused pleaded not guilty at Exhibit 6 and 7 and claimed to be tried. Further statement of the accused recorded under the provisions of Section 313 was recorded. During the course of trial, three witnesses Viz. P.W. -1, Ashok Chandulal Dudhia at Exhibit 9, P.W. -2, Lavjibhai Sadabhai Parmar at Exhibit 24 and P.W. -3, Vishnubhai Prahladji Thakor at Exhibit 35 have been examined. Also the following documentary evidence have been produced on record before the learned trial Judge.