ASHOK TRADERS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Criminal Appeal is preferred by the appellants under the provisions of Section 374 of the Code of Criminal Procedure 1973, against the judgment and order of conviction and sentence passed by the learned Additional and Special Judge, Junagadh in Special Criminal Case No.28 of 1987, on 10th March, 1993, in violation of Clauses 7 of the Fertilizer (Control) Order and thereby committed breach of Sections 7 read with Section 3 of the Essential Commodities Act, 1955. The learned trial Judge has sentenced the appellant No.1 to pay a fine of Rs.1,000/- whereas, the appellants No.2 and 3 were sentenced to undergo simple imprisonment for a period of three months and to pay a fine of Rs.1,000/-, in default thereof, to undergo simple imprisonment for a period of one month.

(2.) The case of the prosecution is that the appellant-accused No.1 was a partnership firm and accused Nos.2 and 3 were the partners of said firm. It is in evidence that accused No.2-Natvarlal D. Adhia was managing the day-to-day affairs and activity of the firm. In short, the accused Nos.2 and 3 were working in the capacity of partners of accused No.1-Firm, Ashok Traders having its Head quarter at Veraval and were doing the business of chemical fertilizers. On 21st February, 1986, the Agricultural Inspector, Shri M.A.Munshi had visited the business premises of the accused No.1-Firm and found that accused No.1 was having licence in the form of a registration Certificate to deal in the business of chemical fertilizers for the year 1984-85 and said licence was expired on 31/03/1985. It was obligatory on the part of the accused No.1-Firm to apply for a fresh licence or for its renewal well within the time limit, but had failed to do so. The accused No.1-Firm, therefore, had no licence or permission to deal in the business of chemical fertilizers from 1/4/1985 onwards and despite of this, the accused No.1-firm purchased and sold chemical fertilizers and thereby had committed the offence as stated aforesaid. Undisputedly, the Fertilizer (Control) Order, 1957 has been issued under Section 3 of the Essential Commodities Act, 1985.

(3.) To prove the charges levelled against the appellants-accused, the prosecution has examined Prosecution Witness No.1, who is an Agricultural Inspector, Bhikhabhai Hirabhai. He is a formal witness. He is the Officer, who had filed the complaint and had tendered the complaint in advance alongwith the order of permission for prosecution which was granted by the authorized Officer. This witness has admitted that both the partners were doing business of fertilizers by two names, one in the name of Ashok Traders and second in the name of Rachit Enterprise. The godown for fertilizers of both these firms is situated in the place owned by Jadavji Zikabhai. The accused Nos.2 and 3 of the present case are also the partners of Rachit Enterprise.