STATE OF GUJARAT Vs. DILIP PESHUMAL SEVKANI

JUDGEMENT

(1.) THE present appeal has been filed by the appellant -State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 being aggrieved and dissatisfied with the judgment and order dated 17 -3 -1999 passed by the learned Special Judge, Ahmedabad City, in Special Criminal Case No.79 of 1993 whereby the accused have been acquitted of the charges leveled against them.

(2.) FACTS in short are that on a raid being conducted by the Officers of Food and Civil Supplies Department at the premises of M/s Kamal Traders on 16 -10 -1993, it was found that, although the license of the accused firm was suspended from 10 -9 -1993 for a period of three months for certain irregularities having committed by the said firm earlier in carrying on the business of edible oil, ghee and essential commodities, said firm was continuing the business of dealing in edible oil without any valid license and thereby, the accused have committed the offences under Section 3, which is punishable under Sections 7 and 10 of Essential Commodities Act, 1955. As per the prosecution, accused No.2 was responsible for carrying on the day -to -day affairs of M/s Kamal Traders. During the course of investigation, when statement of accused No.2 was recorded, he specifically stated that license of the firm was suspended from 10 -9 - 1993. A complaint was, therefore, filed against accused Nos.1 and 2, who are the proprietor and the Manager respectively of the said firm. They were produced before the Court where their pleas were recorded. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried. In order to prove the charge against the accused, the prosecution examined in all 8 witnesses and also produced various documentary evidence. At the end of trial, after hearing the learned advocates appearing for the respective parties, the learned Special Judge, Court No.15, Ahmedabad City, vide judgment and order dated 17 -3 -1999 acquitted the respondents -accused of all the charges levelled against them which is giving rise to the present appeal.

(3.) SAME view has been taken by the Apex Court in State of Uttar Pradesh Vs. Ram Veer Singh and Ors, 2007 AIR(SCW) 5553 and in Girja Prasad (Dead) by LRs Vs. state of MP, 2007 AIR(SCW) 5589.