STATE OF GUJARAT Vs. YUNUSKHAN VAHIDKHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by learned Special Judge and Additional Sessions Judge, Junagadh in Summary Case No.40 of 1992 dated 8.6.1993 whereby the respondent was acquitted of the offence alleged against him under Section 7 read with Section 3 of Essential Commodities Act.

(2.) The prosecution case, in short, was that on 10.12.1991 at 10.40 hours when the auto rickshaw bearing No.GTH 1272 of the accused wsa passing in the area of Kalva Chowk of Junagadh City and having checked the same and upon testing the smoke coming out from the silencer of auto rickshaw, it was found that the accused was plying the same by mixing kerosene with petrol and, thereby committed the offence under Section 7 of the Essential Commodities Act. Accordingly a complaint came to be filed. After recording necessary evidence, learned trial Judge acquitted the respondent of the offences with which he was charged. It is against the aforesaid judgment and order the present appeal has been filed by the State.

(3.) Ms.Darshana Pandit, learned APP, appearing for the appellant submitted that the trial court has committed an error in holding that the panchnama is written in cyclostyled form Ms.Pandit submitted that as per the report of the Forensic Science Laboratory, kerosene was found from the muddamal article and therefore the impugned order is illegal and requires to be quashed and set aside.