LAWS(BOM)-1994-7-63

YESHWANT PAHUJI KHANDWI Vs. STATE OF MAHARASHTRA

Decided On July 20, 1994
YESHWANT PAHUJI KHANDWI Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THE appellant aggrieved by the order dated 12-10-1987 passed by the Special Judge, under the Essential Commodities Act, Nasik, in E. C. Criminal Case No. 3 of 1985 convicting and sentencing him to suffer 3 months R. I. under section 3 read with section 7 of the Essential Commodities Act, 1955, has come up in appeal before me.

(2.) THE prosecution case in brief is that on 31-1-1985 at about 2. 00 p. m. in the village Ghagbari, Taluka Surgana, the appellant was found selling kerosene oil and had no licence for its sale. This information was conveyed to P. S. I. Dinkar Chavan who thereafter arranged a raid on the shop of the appellant in the presence of panchas and Police Patil Suryaji Gaikwad. In that raid 30 litres of kerosene oil was recovered.

(3.) THEREAFTER at Police Station Surgana F. I. R. under section 3 read with section 7 of the Essential Commodities Act was lodged against the appellant for having contravened the Maharashtra Kerosene Dealers Licensing Order, 1966.