RAJENDRABHAI KALIDAS VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal, under Section 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of conviction and sentence dated 22.12.1997 passed by the learned Special Judge, Baroda in ESTP Case No. 43/1995, whereby the accused have been convicted for the offence under Section 3 read with Section 12 -AA of the Essential Commodities Act for commission of breach of Clauses 2 and 5 of the Motor Spirit and High Speed Diesel ( Prevention of Malpractice in Supply and Distribution ) Order, 1990 and each of the Appellants were sentenced to suffer R/I for one year as well as fine of Rs. 3000/ - each, in default, to undergo further R/I for three months, which is impugned in this appeal.

(2.) THE brief facts of the prosecution case under:

(3.) THAT on 29.3.1995, at about 19.10 hrs, the Addition Mamlatdar, Vadodara (Rural) and Deputy Mamlatdar, Civil Supplies, Vadodara inspected the petrol pump run by the Appellants and upon drawing samples from the nozzle of the two pumps put up over Diesel Tank, found that sample drawn from one of the pumps contained the different of 0.0218 in density of diesel which was found to be more than the prescribed 0.0030 standard as per the FSL report and as such the accused were found to have adulterated diesel by committing breach of the provisions of the above order. There were two pumps in petrol pump, out of which one pump was dry from which the sample drawn was in conformity with the standard laid down by the Order but the sample drawn from the running pump was not in conformity with the specified standard as laid down by the above order and hence, after recording the statements of the cashier and feeder, as it was apprehended that the accused had adulterated the diesel by adding kerosene earlier, the FIR was lodged on 27.8.1995 and before lodging the complaint, necessary sanction of the Collector and District Magistrate, was obtained and as the papers disclosed prima -facie case, charge -sheet was filed, which was given numbr as ESTP Case No. 43/1995 in the Court of learned Special Judge, at Vadodara.