RAZAKBHAI K GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, the appellant has prayed to quash and set aside the judgment and order of conviction dated 29th April, 1993 passed by the learned Special Judge, Court No. 4, Ahmedabad in Special Case No. 21 of 1991.

(2.) The short facts of the case is that one Natvarbhai Raval lodged F.I.R. against the appellant alleging that he had committed breach of Sections 3, 4, 5 and 9 of the Gujarat Essential Commodities Order and also under Section 3 of the Guiarat Essential CommoditiesLicence (Control, Supply and Declaration) Order, 1981 punishable under Section 7 of the Essential Commodities Act. It is alleged in the complaint that when search was carried out at the premises of the appellant, 10 barrels of palmolive oil was found in possession of the appellant. The total quantity would be 1.5 quintal and thereby the appellant has committed breach. After the complaint was lodged, P.S.I, investigated into it and charge- sheet was submitted.

(3.) Thereafter charge was framed against the appellant, to which the appellant has pleaded not guilty and claimed to be tried. Thereafter evidence was led and after hearing both the sides, the learned Special Judge, Court No. 4, Ahmedabad vide his impugned judgment and order convicted the appellant for the offence punishable under Section 7 of the Essential Commodities Act and ordered the appellant to undergo rigorous imprisonment for a period of three months and to pay fine of Rs. 350/-, in, default of payment of fine, ordered to undergo simple imprisonment for a further period of 10 days.