TEJASBHAI RAJESHBHAI CHAUDHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal has been filed by the appellants ­ original convict under Section 374 Cr. P.C., against the Judgment and order dated 24.4.2002, rendered in Essential Commodity Case No.3 of 1996 by the learned Special Judge, Mehsana. The appellants are sentenced to under go R.I. for two years and fine of Rs.5,000/, in default, R.I. for four months for the offence punishable under Section 7 read with Section 3 of the Essential Commodities Act.

(2.) The brief facts of the case are the appellant No.1 is the proprietor of M/s.Tejas Petroleum. The I.B.P. Co. Ltd., had appointed the appellant No.1 as dealer for sale of Motor Spirit and HSD Oil and other products of the Company at the site i.e. SH55, Dhinoj, Dist.Mehsana with effect from 9.12.1994. The dealership agreements were executed between the appellant No.1 and the oil company on 9.12.1994. The oil company had installed on 20 Kl. Capacity underground tank on HSD (Diesel) and 1 x 15 Kl. Capacity underground tank on MS (Petrol) in earthen pit, while commissioning the retail outlet in December, 1994. As the job of installation of the said tanks were not done on masonry chair to hold the tank in the pit as being done at most of all the petrol diesel pumps, the said underground tanks lost its balance and left its original position. Due to heavy rain and gushing water from Mehsana side, water entered inside the HSD tank area breaking the kerb wall and the subject tank left its further original position damaging pipelines, sumps etc. In the meantime, inspection was said to have been conducted on 12.5.1995 by the complainant and other two officers. During the course of inspection they found certain irregularities and on the basis of same, seizure order said to have been issued and statement of appellant No.2 said to have been taken by the Inspecting Officers. In his statement, the appellant No.2 said to have stated before the inspecting staff that because of the dislocation of the underground tanks, excess stock of diesel and petrol has been found out. For the difference of density, it was said to have been pointed out that because of high temperature, there is a variation in density of diesel. The Collector of Mehsana said to have been given authority to file the criminal complaint vide order dated 16.9.1995 to the complainant, he has filed the criminal complaint on 1.2.1996 before the learned Special Judge, Mehsana which was registered as Essential Commodity Case No.3 of 1996.

(3.) Heard Mr.H.R.Prajapati, learned advocate for the appellant and Mr.N.J.Shah, learned APP for the respondent ­ State.