STATE OF MAHARASHTRA Vs. VINOD RATILAL THAKKAR

JUDGEMENT

(1.) THE appellant is hereby assailing correctness, propriety and legality of the judgment and ordef passed by the Special Judge, Thane, in Special Criminal Case No. 25 of 1988, whereby he acquitted the respondent of the charge framed against him in context with section 8 of The Essential commodities Act, 1955 (hereinafter referred to as Essential Commodities Act for convenience) for infringement of Clause 3 of Maharashtra Scheduled Commodities Retail Dealers Licence Order, 1986 (hereinafter referred to as order for convenience ).

(2.) THE prosecution case, in brief, is that on 8th of December, 1987, the premises of Shakti Paints, Ulhasnagar 3, were raided and five drums were seized in view of a panchanama. On 17th of December, 1987 the samples were taken out from those drums and the samples of kerosene were despatched to Chemical Analyser. The Chemical Analyser opined that the said samples contained kerosene. The respondent was indicted and faced the trial, which resulted in an order of his acquittal, which is the subject-matter of challenge of this appeal.

(3.) SHRI Saste, A P. P. for appellant vehemently argued and submitted that the learned Special Judge committed an error in disbelieving the prosecution case when the evidence of Officers of Police Station who raided the said premises, was sufficient enough to prove the guilt of the respondents beyond reasonable doubt. He further submitted that the samples were taken out from those drums and were despatched to Chemical Analyser, who certified that the samples were of kerosene. It is his submission that when said evidence was available the Special Judge, ought to have convicted respondent for the offence for which he was charged, and as it was not done, this Court be pleased to allow this appeal and pass the order of conviction and sentence against the respondent.