JIGNESHBHAI JAGDISHBHAI PATEL Vs. ARVINDBHAI MANIBHAI PATEL

JUDGEMENT

(1.) THE present appellant has preferred this Appeal under Section 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 21.1.1998 passed by the learned Special Judge, Vadodara in E.S.T.P. Case No.27 of 1995, whereby the learned Special Judge has convicted the appellant under Section 12AA and Section 3 of the Essential Commodities Act for contravening provisions of Order 2(c)(l)(m)(n) and 4(b) of Motor Spirit and High Speed Diesel (Prevention of Mal Practicing In Supply & Distribution) Order 1990 and sentenced the appellant to undergo R.I. for 18 months and to pay a fine of Rs.10,000/-, in default, to undergo R.I. for six months. THE brief facts of the prosecution case is as under:

(2.) THE allegations levelled against the accused are that on 9.2.1995, the Officer of District Supply Officer, Vadodara, visited a business premises of M/s. S.K. Patel & Co. and noticed the stock of diesel and petrol stored in underground and overhead tanks and also noticed that the accused, partner of M/s. S.K. Patel & Co. were dealing in petrol and diesel without obtaining dealership from the Oil Co. and also, they were not keeping the density register, meter reading book. THE accused was selling the petrol and diesel unatuhorisedly THE Officer the said Department took the sample of the patrol and diesel and seized the stock of the same. On 16.6.1995, the complainant obtained sanction from the Collector for filing complaint against the accused persons for the offence aforesaid. On 1.9.1995, the complainant filed complaint against M/s. S.K. Patel & Co. and its partners including present appellant in the Court of Special Judge, constituted under Section 12A of the Essential Commodities Act, which was numbered as Summary Case as ESTP Case No.27 of 1995.

(3.) TO prove the case against the appellant, the prosecution has produced documentary evidence and also examined in all 5 witnesses before the trial Court.