STATE OF GUJARAT Vs. VISHNU AUTOMOBILES

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 30.04.1998 passed by the Special Judge, Court No.15, City Civil and Sessions Court, Ahmedabad, in Special Criminal Case No.11 of 1997, whereby the respondents-accused have been acquitted of the offence punishable under Section 3 of the Essential Commodities Act, 1955.

(2.) THOUGH notices have been issued to the respondents accused and have been served, none has put in an appearance on their behalf before this court.

(3.) THE prosecution has produced a number of documents, all of which have been admitted in toto by the accused. No oral evidence has been led by the prosecution as all the accused persons have admitted the documents produced and relied upon by the State. The documents produced by the prosecution from Exhs.13 to 30 have been described by the Learned Trial Judge in paragraph 5 of the Judgment. However, from a perusal of the judgment, it is clear that only one document, that is, Exh.13, which is the Panchnama of the investigation, has been relied upon in support of the findings arrived at by the learned Trial Judge, which are to the effect that the prosecution has failed in proving and establishing beyond any reasonable doubt, the charges levelled against the accused. At paragraph 7 of the judgment of the learned Trial Judge, it is recorded as below: