MULCHAND JODHAJI PAHADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SINCE , the issue involved in both the appeals is common, they are heard together and disposed of by this common judgment.

(2.) BY way of Criminal Appeal Nos. 899 and 898 of 1997, the original accused -appellants, therein, have challenged the orders of the learned Special Judge, Dated : 11.09.1997, rendered in ESTP Case Nos. 7 and 8 of 1994, convicting and sentencing them to undergo rigorous imprisonment for one year for contravention of the provisions of the Kerosene Control Order, 1966, Section 3 of the Essential Commodities Act and Sections 7 and 12 -AA of the Essential Articles Dealers (Regulation) Order, 1977, and to pay fine of Rs.500/ - and in default to undergo further imprisonment for one month.

(3.) THE brief facts, which are more or less similar in both the appeals, of the case of the prosecution before the trial Court are that the respective complainant came to know that there is sale of kerosene in black -marketing by the unauthorized hawkers, and therefore, he arranged for trap during which, the appellants in respective appeals were apprehended. At the time of trial, since, the accused did not plead guilty, the case was committed for trial. Then, after recording the oral evidence of the witnesses examined by the prosecution and after considering the documentary evidence on record, the trial Court passed the impugned orders. Hence, the present appeals.