AYUB KHAN Vs. STATE

JUDGEMENT

(1.) This Appeal has been filed by the two appellants who are the accused in S.T.C. No. 2 of 1992 on the file of the Special Court (E.C. Act Cases) Pudukkottai.

(2.) The prosecution case in brief is as follows: That on 12-3-1991, at about 6.00 p.m. in Rameswaram to Dhanuskodi Road near Moonram Chatram, the accused 1 and 2, driver and cleaner respectiyely of the van bearing registration No. TNK 7237 were transporting 200 litres of petrol and 160 litres of Diesel in plastic cans loaded in the said van without any valid permit or licence, in contravention of Section 6 and 7 of the Tamil Nadu Motor Spirit and High Speed Diesel Oil (Maintenance and regulation of supplies) Order. 1980 and Section 2 (L) of Motor Spirit and High Speed Diesel (Prevention of malpractice in supply and Distribution) Order 1990 of the Central Government and therefore the accused are liable to be punished under Section 7(i)(ii) of the Essential Commodities (Special Provisions) Act 1981. The accused denied the charges levelled against them.

(3.) On behalf of the prosecution, four witnesses were examined and Exs. P.1 to P.4 were got marked. No defence witness was examined. On behalf of the accused no document was produced.