STATE OF GUJARAT Vs. RAMESHCHANDRA BABULAL BHANUSHALI

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 15.01.1999 rendered by learned Special Judge, Jamnagar, in Special Criminal Case No.2 of 1995, whereby the accused were acquitted of the charge of offence under Section 7 of the the Essential Commodities Act.

(2.) SHORT facts of the prosecution case are that the accused are the administrator of Bhanu Petroleum, which is situated on JamnagarRajkot Highway near Gulabnagar. The accused possess license no.137 being the retailers of Petrol and diesel. Such license is renewed upto 31.12.1995. The government has given powers of search and seizure to the officers who are not below the rank of inspector and a notification is issued in this regard on 23.10.1990. Standard of quality for production of motor spirit and high speed diesel is decided by the Government. One Shri D.V.Solanki, who is assistant director, along with Supply Inspector Shri R.B.Raval and Shri P.M.Prajapati carried out testing of diesel at the place of the accused. These persons have checked the density of petrol and diesel with the help of hydrometer and thermometer, however, the variation was found within the prescribed limit. Thereafter, in presence of panchas and in presence of the accused, aforesaid officers have taken three samples of petrol and diesel in clean bottles. Such bottles were sealed and after following due procedure, the same were send for analysis to the Forensic Science Laboratory. As per the report of FSL dated 3.6.1992, 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 Section 7 of the Essential Commodities Act.

(3.) I have heard Ms.C.M.Shah, learned APP for the State as well as Mr.Nirav Thakkar for the respondent.