RAMJAN MOHMAD SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal has been filed by the appellant original accused under Section 374 of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 16.11.1989 passed by the learned Special Judge of City Sessions Court No.4, Ahmedabad, in Special Criminal Case No. 107 of 1989, convicting the appellant -accused for the offence punishable under Section 7 of the Essential Commodities Act, 1966 ("Act" for short) and sentencing him to undergo rigorous imprisonment for three months.

(2.) AFTER receiving the paper book, this appeal has been notified in the Final Hearing Board. As the learned advocate for the appellant had not remained present, notice was issued to the learned advocate. Notice was also issued and served to the appellant, but today, when the matter was called out for final hearing, the appellant did not remain present. As the matter is of the year 1989, this Court has no alternative, except to decide the same on merits after giving an opportunity of hearing to the learned APP.

(3.) IT is submitted by learned APP Mr.Bhatt that after following due procedure and rules, the sample of fuel was collected from the Auto -rickshaw bearing Regn.No. GTH 287 near Gita Mandir and was sent to the Forensic Science Laboratory ("FSL" for short). As per the FSL report, the said fuel was found to be petrol, adulterated with Kerosene Hydrocarbons and lubricating oil. PW -1 complainant -PSI, in his deposition has stated that on 24.11.1988 from 8.00 a.m. to 2.00 p.m., he was on duty at S.T. Circle along with other police personnel as well as expert of FSL were present there. On that day, at about 1.30 p.m., an information was received that an Auto -rickshaw bearing Regn.No.287 was coming from Gita Mandir side which was emitting heavy smoke. Therefore, the said rickshaw was intercepted by the said witness and in presence of panchas, sample of fuel used in the rickshaw was collected on the spot which was also examined by FSL expert and on preliminary checking, Kerosene was found to be mixed with Petrol. Thereupon the sample of fuel was collected in two glass bottles and wrapped with cloth; signed by the said witness and panchas; sealed in presence of panchas and thereafter detailed panchnama was prepared and signed. Thereafter, he lodged the complaint and the muddamal was sent to the FSL. The complaint filed by this witness is at Exh.5. No question was put before this witness regarding any kind of breach of Rules in collecting the sample and so the evidence of this witness is totally corroborating with the complaint, which is produced at Exh.5. Nothing comes out from the cross examination of this witness. The FSL report is produced at Exh.10, which also supports the case of prosecution. As per this report, the mixture of Petrol and Kerosene Hydrocarbons was found. So, it is proved beyond reasonable doubt by the prosecution that the appellant had committed the offence punishable under Section 7 of the Act.