STATE OF MAHARASHTRA Vs. PRAKASHCHAND BANSILAL KANKARIA

JUDGEMENT

(1.) THIS appeal is filed by the State against the judgment and order dated 29/04/1987 delivered by the Special Judge, Solapur in Criminal case No. 1 of 1987 acquitting the respondents-accused of the offence under section 7 of the Essential Commodities Act.

(2.) THE prosecution case briefly narrated is as under: the Octroi Superintendent P. W. 1 Sukhadeo Chavan was on patrolling duty on 11-6-1986. At about 11. 30 p. m. he saw one jeep entering into town with speed. Suspecting that the goods might have been taken away in the said jeep without payment of octroi duty, the said jeep was chased. The jeep bearing No. MXS 9182 was found standing at Kore Ves Chowk in front of one oil shop. Accused No. 1 and accused No. 2, the driver, were in the jeep. In the jeep 46 tins of palm oil were found. On inquiry the accused said that octroi duty was not paid. P. W. 1, therefore, seized the jeep along with the tins of palm oil in the presence of panchas. Accused No. 1 applied for return of the goods and offered to pay the octroi duty. P. W. 1 made report to the Chief officer who directed P. W. 1 to report the matter to Tahsildar. When Tahsildar received the information, he asked the Supply Inspector to take the custody f the goods and the vehicle. The Supply Inspector seized the tins of palm oil as well as the jeep. The Tahsildar made report to the Collector about finding of palm oil and the Collector ordered to launch prosecution. The Supply Inspector Vishwanath Habbu P. W. 3 filed F. I. R. to the Police Station. One tin of palm oil was sent to the Chief Chemist of the District Public Health Laboratory for amalysis, who reported that the palm oil was fit for human consumption. The charge-sheet was filed before the Special Judge against the three accused persons including the driver. Before the Special Judge charge was framed for offence under section 7 of the Essential Commodities Act read with section 21 of the Maharashtra Scheduled Commodities (Regulation of Distribution) Or-der, 1975. All the accused pleaded not guilty and claimed to be tried.

(3.) ON behalf of the prosecution five witnesses were examined. P. W. 1 is sukhadeo Chavan, the Octroi Superintendent who had stopped the jeep and seized the 46 tins of palm oil. P. W. 2 is Balbhim Dethe, ponchfor the seizure panchanama Exhibit 17. P. W. 3 is Vishwanath Habbu, the Supply Inspector who lodged F. I. R. P. W. 4 is Tahsildar Shankar Pataki M. P. W. 5 is P. I. Shivaji Desai, who investigated the case. The defence of the accused was of total denial.