DASRATLAL MANILAL MODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal arises out of the judgment and order dated 28th March, 1995 of the learned Additional Sessions Judge and Special Judge, Mehsana passed in Essential Commodity Case No.14 of 1993. The appellant came to be tried for offences punishable under 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 and to pay a fine of Rs.400/-, in default thereof, to undergo further seven days rigorous imprisonment. The accused-appellant was given the liberty to set off the period of sentence which he has undergone as under trial prisoner.

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

(3.) The complainant was discharging his duty as District Civil Supply Officer at Collector Office, Mehsana and as per the order dated 12/2/1992 of the District Collector, the complaint was registered. At that time, some Officers of the Civil Supply Office, so also, the expert persons of Forensic Science Laboratory were campaigning for restricting the unauthorized use of kerosene as fuel in the auto-rickshaw at town Patan on 6/5/1992. During the course of checking, one rickshaw bearing Registration No.GRW 8281, which was driven by the present accused was intercepted and brought to the compound of circuit house. 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. The Police had arrested him. 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.