NILESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) The petitioner has impugned the judgments and orders of conviction passed by the learned Judicial Magistrate First Class, Hadgaon, in R.C.C. No.34 of 2013 dtd. 16/3/2015 and confirmed by the learned Additional Sessions Judge-2, Nanded in Criminal Appeal No.35 of 2015 dtd. 20/1/2022 for the offences punishable under Sec. 3 and 7 of the Essential Commodities Act.

(3.) The prosecution case, in brief, is that on 23/6/2010, the SDPO Bhokar, received the secret information that the applicant/accused was using domestic gas cylinders for commercial use in his tea shop. Therefore, on information and instructions of SDPO, Bhokar, a police head constable Wahidkhan Pathan took a raid with other policemen in the shop of the accused. They found a domestic gas cylinder attached to the stove and two empty gas cylinders in the tea shop. They seized those cylinders and lodged the report. The panchnamas of the spot and recovery of articles were drawn.