HASMUKHLAL HARILAL THAKKER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this appeal under section 374 of the Criminal Procedure Code 1973 (Code for short hereinafter) the appellant/original accused No. 1 has questioned the legality and validity of the conviction and sentence order recorded by the learned Special Judge Ahmedabad in Special Case No.3 of 1984.

(2.) A resume of the material facts leading to the rise of the present appeal may be shortly stated at this stage. The appellant herein who is the original accused No. 1 and his father Hariram Chimanlal Thakkar were tried by the learned Special Judge Ahmedabad for the offence punishable under section 7 of the Essential Commodities Act 1955 (the ACT for short hereinafter) for contravention of clauses 16 and 22 of the Gujarat Essential Articles (Licensing Control and Stock Declaration) Order 1981 (the Order for short hereinafter) and the terms and conditions of the licence for running the shop. In that it was further alleged that accused No. 2 father of the present appellant was the owner and the licence holder of the shop situated near Khadia Char Rasta Kothi Sheri and he was dealing in edible oils at the relevant time.

(3.) According to the prosecution case the officers of the Food and Civil Supplies Department upon receipt of an information that the price higher than the prevalent price for hydrogenated vegetable oil (vanaspati ghee) was being taken by the accused persons arranged a raid and it was effected on 26.4.1984. A punter (customer) sent by raiding party Shrikant Girdharlal Sanghvi alongwith a panch witness - Mehul Rameshchandra Patel had been sent to the said shop of the accused persons for the purchase of one tin of vanaspati ghee. The raiding party had made elaborate arrangement for the purpose of the raid by giving three currency notes of denomination of Rs.100 each initialed by the Deputy Food and Civil Supplies Controller. The said customer Shrikant alongwith the panch witness Mehul went to the shop of the accused where the accused No.1 the appellant herein was present and other members of the raiding party were waiting at some distance from the shop of the accused persons.