KESHAVJI MEGHAJI DEDIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT stands convicted for the offence under section 7 (1) (a) (ii) of the Essential Commodities Act read with Clause 3 (a) of the Maharashtra Scheduled Articles (Display and Marking of Prices) Order, 1966 and sentenced to suffer S. I. for three months and to pay a fine of Rs. 300, in default S. I. for three weeks. This order was passed by the Special Judge (E. C. Act), Thane on 17th June, 1987 in Special Criminal Case (E. C. Act) No. 7 of 1987. Mr. K. H. Parekh appears for the appellant, while Mr. Bhojne, A. P. P. appears for the respondent-State.

(2.) IT was the case of the prosecution that the appellant-accused is the proprietor of a grocery shop styled as "nemichand Kirana Stores" situated at Hazuri, Thane. On 14-9-1986, P. S. I. Patil P. W. 3 was partolling the area along with his staff. He received information that no price boards were displayed at two shops one Jadhav Kriana Stores and the other Nemichand Kirana Stores. Upon this information, P. S. I. Patil called two panchas and visited the shop of the accused-appellant at 4. 00p. m. The appellant was present in the shop. It was found that grocery articles and food grains were kept for sale in the shop. However no price board in respect of the same was displayed in the shop. The Investigating Officer carried out a panchanama Ex. 13. Head Constable Sonavane P. W. 1 who was accompanying P. S. I. Patil lodged his report Ex. 14 in the police station. On the basis of that complaint, case was registered and investigation taken up by P. S. I. Patil himself. After the investigation, the charge-sheet was placed before the Court.

(3.) IN his defence, the appellant admitted that he is the co-owner of the shop, but denied that at the relevant time he was present and that no price list of articles was displayed in the shop.