STATE OF GUJARAT Vs. NATUBHAI DOHATSINH GOHIL

JUDGEMENT

(1.) THE present appeal has been filed by the appellant -State under Section 378 of the Criminal Procedure Code, against the judgment and order dated 30.09.1998 rendered by learned Special Judge, Surendranagar, in Criminal Case No.15 of 1994, whereby the accused were acquitted of the charge of offence under Sections 3 and 7 of the the Essential Commodities Act.

(2.) SHORT facts of the prosecution case are that on 13.3.1994, M/s.Chotila Petrol Pump was visited by the complainant and at that time two panchas were called and they were made to understand that samples are to be taken from the tanks of petrol and diesel. Thereafter, from the petrol pump 600 ml. petrol was taken in three bottles and they were sealed. Thereafter, sample of diesel was also taken accordingly. Thereafter, in presence of panchas and in presence of the accused, such bottles were sealed and after following due procedure, the same were sent for analysis to the Forensic Science Laboratory. As per the report of FSL, upon examination said samples, it is found that the density is not as per the provisions of law and it is found to be below the prescribed limit. Therefore, the complainant has given complaint against the accused for violation of Sections 3 and 7 of the Essential Commodities Act.

(3.) I have heard Ms.Monali Bhatt, learned APP for the State as well as Mr.Manav Mehta for the respondents.