KALUBHAI HIRABHAI CHUNARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal arises out of the judgment and order passed by the learned Special Judge, Court No.6, Ahmedabad City in Special Criminal Case No.4 of 1995 on 12th September, 1995 whereby the appellant-accused was found guilty of the offence punishable under Sections 3 read with Section 7 of the Essential Commodities Act, 1955. He was also found guilty for violation of Clause-3 of the Provision of Kerosene (Restriction on Use) Order, 1966. The appellant-accused was sentenced to undergo three months rigorous imprisonment and to pay a fine of Rs.500/-, in default thereof, to undergo further 15 days rigorous imprisonment.

(2.) Mr.Kinariwala, learned Counsel appearing for the appellant-accused is not present today. However, as per the settled legal position the Court is supposed to decide the appeal on merits after admission of appeal and the same cannot be dismissed for want of prosecution.

(3.) Learned A.P.P., Mr.Desai, has taken me through the oral as well as documentary evidence led during the course of trial and finding of the learned trial Judge arrived at the conclusion of the trial.