KALUBHAI FATESINGH PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD ld. Counsel Mr. DF Amin for the appellant accused and ld. APP Mr. AJ Desai for the respondent State.

(2.) THE present appeal is filed by the present appellant accused challenging the legality and validity of the judgment and order of conviction and sentence passed by the ld. Special Judge, Panch Mahals at Godhara in Special Summary case No.6/1997(ESTP) dated 15.10.1998 whereby the ld. Trial Judge has held the appellant accused guilty of the offence punishable under section 3 read with section 7 of the Essential Commodities Act (EC Act for short). The case against the accused was tried summarily by the ld. Trial Judge. The case of the prosecution is that the accused was found in possession of 32 liters of blue colour kerosene i.e. in excess of 18.5 liters of kerosene which is the maximum limit prescribed for storage of blue colour kerosene for personal consumption. This act of the appellant accused was in violation of the Kerosene Control Order. Blue colour kerosene is being sold through fair price shop under the directions issued by the government and stock of the kerosene found with the accused was blue colour kerosene. The ld. Trial Judge held that the prosecution has led sufficient evidence to link the appellant accused with crime and imposed R/I for 6 months and asked him to pay a fine of Rs.500/, I/d to undergo further R/I for one month for the offence punishable under section 3 read with section 7 of the EC Act.

(3.) ACCORDING to Mr. Amin, the ld. Trial Judge has erred in appreciating the evidence led by the prosecution. The ld. Trial Judge ought to have kept the basic case of the prosecution in mind while appreciating the evidentiary value of each witness examined and adequacy of the evidence was required to be tested before holding the accused guilty.