SIVA Vs. STATE

JUDGEMENT

(1.) THE appellant was tried along with two others before the Court of the Special Judge, Madras (Essential Commodities) Act in S.T.C.No.27 of 1984, for violation of Clause 5(3) of the Furnace Oil (Fixation of Ceiling Prices and Distribution) Order, 1974, convicted thereof and sentenced to undergo rigorous imprisonment for three months and pay a fine of Rs.500 in default to undergo rigorous imprisonment for 15 more days. The other two accused were acquitted.

(2.) THE Prosecution case is that P.W.7, the Inspector of Police, Civil Supplies C.I.D. on information inspected premises No.15, Gandhi Street, Janakiram Colony, Arumbakkam, Madras -29, on 17th May, 1983 at 12.30 noon and found 11 barrels of Furnace Oils stored therein totalling in all to 2200 litres. The appellant as well as the acquitted were present at the time of seizure. P:W.7 also found a lorry bearing registration No.TLN M.7939 stationed nearby. The 11 barrels of Furnace Oil were seized under a Mahazar Exhibit P.1. The appellant and the acquitted accused were arrested. P.W.7 registered Crime No.59 of 1983 on the basis of the seizure and exhibit P.3 is the first information report. On 24th May, 1983, at about 11.30 a.m. P.W.7 took samples from the barrels of Furnace Oil seized and through the court had them sent for chemical analysis and report. This sampling was in the office of P.W.7.

(3.) ON the basis of the reports of the forensic laboratory, this prosecution was launched.