PATEL JAGDISH HARIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed against the order of conviction and sentence passed by learned Special Judge, Amreli in a prosecution instituted for the offence punishable under the Essential Commodities Act. The learned Judge, vide order of conviction and sentence dated 31st January, 1991, on conclusion of the trial of Essential Commodities Act Case No.10 of 1985, convicted the appellant for the offence punishable under Section 7(1)(a) of the Essential Commodities Act and sentenced the accused to suffer three months' Simple Imprisonment and to pay a fine of Rs.5,000/-, in default, to undergo Simple Imprisonment for one month.

(2.) The impugned order is assailed on various grounds mentioned in para 3 of the memo of appeal and Mr. H.N. Joshi, learned counsel appearing with learned Senior counsel Mr. P.M. Thakkar has taken me through these grounds of challenge on behalf of the appellant ? accused and so also the judgment.

(3.) It is alleged by the prosecution that on 1st January, 1985, the revenue authorities raided the business premises of the accused persons known as Giriraj Oil Mill and during such an inquiry carried out on the spot, it was found that groundnuts worth 6300 kg, though were lying on the spot and in possession of the mill, the said stock was not reflected in the stock register which was required to be maintained as per the relevant Control Order. It is further the say of the prosecution that 130 tins of edible oil were also lying there in the said oil mill and that stock was also not mentioned in the stock register. On demand, no formal gate pass was also produced before the Mamlatdar. One serious allegation made against the accused was that the present appellant - accused was present when the premises of oil mill was raided and, therefore, a formal seizure of 130 oil tins was made alongwith the groundnuts but the entire stock was entrusted to the present appellant - accused. However, it was found that the accused had disposed off all 130 edible oil tins and thereby they have committed the offence punishable under Section 7(1)(a) of Essential Commodities Act (hereinafter referred to as 'the Act') by committing breach of Clause 23, 26(6) and 16 of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981 read with Section 3(2)(I) of the Act.