HAJI MOHAMMAD RAMJANBHAI CHIPA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The judgment and order of conviction passed by the learned Special Judge of court No. 7 in the City Sessions Court at Ahmedabad on 27th October, 1986 in Special Criminal Case No. 13 of 1985 is under challenged in this appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (the Code for brief). Thereby the learned trial Judge convicted the accused of the offence punishable under Sec. 7 of the Essential Commodities Act, 1955 (the Act for brief) for contravention of Sec. 3 thereof read with Clause 20 of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981 (the Control Order for brief) framed thereunder.

(2.) The facts giving rise to this appeal move in a narrow compass. According to the prosecution, the appellant herein was the owner of one factory in the name and style of Jay Vijay Folding works. He wanted to make some construction therein and he therefore applied for in all 740 bags of cement to the Gujarat Small Industries Corporation Ltd. at Ahmedabad. He was allotted 460 bags of cement for the purpose. He purchased this quota of cement in three instalments. He was said to have used 175 bags of cement for making some construction in his factory. He was said to have disposed of in all 250 bags of cement in favour of three different entities. He gave 130 bags of cement of Bhalerao Chemical Industries, 110 bags of cement to S.B. Textiles and 10 bags of cement to Masjid-e-Firdosh some time in October 1982. According to the prosecution, such disposal was in contravention of Clause 20 of the Control Order. On finding such disposal, the necessary inquiry was made and then the Supply Inspector was directed to lodge a complaint against the appellant herein for contravention of Sec. 3 of the Act read with Clause 20 of the Control Order. Apropos the Supply Inspector filed his complaint on 16th February, 1985 before the Special Judge in the City Sessions Court at Ahmedabad. It came to be registered as Special Criminal Case No. 13 of 1985. The charge against the respondent as the accused was explained to him for the purpose of recording his plea on 11th June 1986. He did not plead guilty to the charge. Thereupon, he was tried. After recording the prosecution evidence and after recording his further statement under Sec. 313 of the Code and after hearing arguments, by his judgment and order passed on 27th October 1986 in Special Criminal Case No. 13 of 1985, the learned Special Judge of court No. 7 in the City Sessions Court at Ahmedabad convicted the appellant-accused of the offence punishable under Sec. 7 of the Act for contravention of Sec. 3 thereof read with Clause 20 of the Control Order and sentenced him to simple imprisonment for three months and fine of Rs. 100 in default simple imprisonment for 15 days. The aggrieved accused has thereupon invoked the appellate jurisdiction of this court under Sec. 374 of the Code for questioning the correctness of his conviction and the sentence imposed on him by the learned trial Judge.

(3.) The prosecution has brought on record sufficient documentary evidence to show that the appellant-accused purchased in all 460 bags of cement in three instalments. The delivery orders in that regard are at Exhs. 25, 27 and 29 on the record of the trial court. The authority letters issued by the appellant, accused for the purpose are also at Exhs. 26, 28 and 30 on the record of the trial court. The prosecution has also brought on record the recommendation made by the General Manager of the District Industries Centre at Ahmedabad for allotment of cement in favour of the appellant-accused. Its copy is at Exh. 34 on the record of the trial court.