MAHENDRAKUMAR HARGOVINDBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal is directed against the judgment and order passed in Essential Commodities Case No. 47 of 1994 dated 3.5.1997 recording conviction of the Appellant - Accused for violation of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981 ("1981 Order" for short) and thereby also committing the offence under Sections 3 and 7 of the Essential Commodities Act ("the Act"), imposing the RI for 6 months and fine of Rs.1000/- and in default RI for one month.

(2.) The facts of the case briefly summarized are that, on 19.9.1992, the officers of the Civil Supply Department, Sachivalaya, Gandhinagar visited the premises of the accused, who was doing the business under the name and style of Mahendra Oil Depot for sale of crude and kerosene as a wholesale dealer. On verification of the records, the kerosene was found in excess to the tune of 1097 litters. It is also verified that bill no. 1058 was prepared in the name of one retailer named Vasudev Mafatlal Modi for sale of 660 liters of kerosene, which was found to be forge and thereby the provisions of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981 ("1981 Order" for short) have been violated together with condition no.4(7) and 9 of the License and thereby committed the offence under Sections 3 and 7 of the Act.

(3.) On the basis of this, initially, a notice dated 7.12.1992 was issued and the opportunity was provided for hearing and giving an explanation. The accused submitted the explanation, and the District Supply Officer passed an order at Exh.26 regarding confiscation of the deposit. The show cause notice (Exh.27) also issued as to why the complaint should not be registered for the alleged offence. In response to the said notice (Exh.27), reply at Exh.28 was given by the accused, and after considering the same, the complaint (Exh.47) was registered for the alleged offence and the panchnama with regard to the seizure of the excess quantity of kerosene was made at Exh.15. The statement / the confession of the accused before the Inspector was recorded on the same day, i.e. 19.9.1992 at Exh.16 and the goods were seized as per order of seizure (Exh.17) dated 19.09.1992, and on the basis of this complaint, a case was registered as Essential Commodity Case No. 47 of 1994. Since, it is a summary case, plea was recorded at Exh.7. The accused denied to have committed any such offence, and therefore, the trial Court proceeded with the trial.