LAWS(GJH)-2006-11-51

KAYYUMBHAI YUSUFBHAI SHAIKH Vs. STATE OF GUJARAT

Decided On November 15, 2006
KAYYUMBHAI YUSUFBHAI SHAIKH Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present appeal arises out of the judgment and order of the learned Special Judge, City Civil Court, Ahmedabad passed in Special Criminal Case No.13 of 1989 on 7th November, 1989. The appellant came to be tried for offences punishable under Section 3 read with Section 7 of the Essential Commodities Act, 1955, so also, he was found guilty for violating the provision of Kerosene (Restriction on Use) Order, 1966 by the trial Court and came to be convicted therefor. The learned trial Judge after recording conviction and after hearing the accused on quantum of punishment, sentenced the accused-appellant to undergo Rigorous Imprisonment for 03 (three) months.

(2.) The facts of the case can be stated thus:-

(3.) After considering the evidence led by the prosecution, the Special Court came to a conclusion that the prosecution was successful in establishing charges levelled against the appellant and therefore, convicted the accused-appellant for the said offence by the impugned judgment dated 7th November, 1989 passed in Special Criminal Case No.13 of 1989. It is this judgment and order that has given rise to this appeal.