HARBHIM VITHALBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT appeal is arising out of the judgment and order dated 18th September, 1992, rendered by the learned Additional Sessions Judge, Bhavnagar passed in Summary Case No.4 of 1985 whereby the appellants -accused are convicted and sentenced for the offence punishable under Section 3 (2) (d) and 7 of the Essential Commodities Act and were sentenced to under go rigorous imprisonment for three months and to pay a fine of Rs.500/ - each, in default thereof to undergo simple imprisonment for one month.

(2.) AS per the prosecution case, the appellant -accused No.1 was holding licence to sell and distribute the kerosene as fair price shop dealer at village Hathab, Dist: Bhavnagar. The said shop was visited by the complainant, Kanaiyalal Amrutlal Rajguru, Supply Inspector, Bhavnagar Division on 28th November, 1984 and major irregularities were found by him. On a detailed report submitted by the complainant and statements of number of witnesses were recorded by him, the District Collector, Bhavnagar had decided to prosecute the appellants -accused and directed the complainant to file a formal criminal complaint for the offence punishable under Section 3 read with Section 7 of the Essential Commodities Act. It is the say of the prosecution that the accused had purchased 1600 litters of kerosene (8 barrels) on 27th November, 1984 from Shri Mehta Automobiles and on that very day he had disposed of stock of 1230 litters of kerosene by preparing 410 bills. In -fact, there was no sell on 27th or 28th November, 1984. It was shown that closing stock was 370 litters of kerosene on 27th November, 1984. In furtherance of checking and inspection, the Supply Inspector had also found 400 litters of kerosene and on tallying the account as to the sell and stock of kerosene, about 30 litters of kerosene was found in excess with him. For the purpose of checking, the Supply Inspector, had examined and verified from 46 card holders, out of which 20 card holders were not having any endorsement in the card and some of the card holders have said that the entries have been made in their cards by the accused either on 29th or 30th November, 1984 so that he can save himself from the charges levelled against them.

(3.) HEARD , Mr.R.J.Oza with Mr.Zubin F. Bharda, learned Advocate appearing for the appellants and learned A.P.P. for the respondent -State.