RAJUSINH UDESINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned Counsel, Mr.Pathan, appearing for the appellant was absent when the matter was called out. However, considering the settled legal position that the Court after admitting the Criminal Appeal cannot dismiss the same for want of prosecution observing that nobody is present for the appellant-convict, the Court is supposed to pass order and dispose of the appeal on merits and therefore, I have heard Mr.Desai, learned A.P.P., for the respondent-State, who has taken me through the relevant part of the evidence oral as well as documentary.

(2.) The present appeal arises out of the judgment and order of the learned Special Judge, Ahmedabad City, passed in Special Criminal Case No.33 of 1989 on 18th November, 1989. The appellant came to be tried and found guilty for offence punishable under 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.

(3.) The facts of the case can be stated thus:- The complainant was discharging his duty as Traffic Police Sub Inspector on 30th September, 1988 near Asarva Circle. At that time some other Police Officers, so also, the expert persons of Forensic Science Laboratory were also present with him. It is the case of the prosecution that at about 10:30 a.m. one rickshaw bearing Registration No.GQE 1457 came from eastern side which was emitting excessive smoke and therefore, it was intercepted by the complainant and rickshaw was stopped. Thereafter, the sample of fuel was taken from the fuel tank of the rickshaw by the Police in the presence of Panch. On preliminary analysis done by the F.S.L. persons, it was found that the kerosene was mixed with the fuel recovered from the tank of the rickshaw. Thereafter, the adequate sample of fuel was taken in a bottle from the tank of the rickshaw in a sealed bottle and signatures of the complainant and Panchwitnesses were also obtained. On detailed analysis, the expert of the F.S.L. found that the sample which was taken from the tank of rickshaw was mixed with kerosene-hydrocarbons. Thereafter, the Police arrested the accused. Offence was registered and case was investigated. Ultimately, the Investigating Agency, having found sufficient material to connect the accused-appellant with the crime, filed charge-sheet.