NITIN VALLABHDAS SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of conviction and sentence passed by the learned Special Judge, Panchmahal at Godhra in Special Case No.6 of 2000 on 4th September, 2001, the present appellants-original accused have preferred the present appeal under the provisions of Section 374 read with Section 386 of the Code of Criminal Procedure. The learned trial Judge has held both the appellants-accused held guilty of the charge of offence punishable under Section 3 read with Section 7 of the Essential Commodities Act, 1955 and sentenced them to undergo simple imprisonment of two years and to pay a fine of Rs.5,000/- each, in default of making payment of fine, to undergo one month simple imprisonment.

(2.) Mr.Joshi, learned Counsel for the appellants has taken this Court through the basic case of prosecution and the evidence led during the course of trial. It is submitted that the finding of the learned trial Judge is erroneous and certain crucial aspects have not been considered by the learned trial Judge and that has resulted into erroneous finding of guilt.

(3.) According to prosecution on 30th September, 1996, the Civil Supply Inspector, Panchmahal at Godhra inspected the petrol pump of the accused running in the name and style of M/s.Maneklal Gordhandas and Company. The visiting Officer had examined the density of two liquid petroleums viz., the motor spirit and high speed diesel and thereafter the samples of petrol and diesel were drawn and sent for analysis to F.S.L. The sample of high speed diesel was found well whereas; the sample of petrol did not stand to the test and variation was found more than 0.0030 minimum prescribed and was not in accordance with the norms prescribed under the relevant Rule known as the Motor Spirit and High Speed Diesel (Prevention of Malpractices in Supply and Distribution) Order, 1990. Thereafter, on 22nd February, 1997 the Collector, Panchmahal issued an order to file a Criminal Complaint and Deputy Mamlatdar had filed a formal complaint on 21st February, 1997.